Our Legal Terms

Figure Eight Master Terms of Service

Last updated: May 17, 2018

Updated Terms of Service

We’ve recently updated our: (1) Terms of Service and (2) Privacy Policy (collectively, “Terms”). If you signed up for an account prior to May 17, 2018, we’ll ask you to agree to the new Terms of Service. The updated Privacy Policy will automatically come into effect for all existing users on May 25, 2018. Your continued use of the Figure Eight Platform from that day on will be subject to the updated Terms. If you signed up for an account on or after May 17, 2018, the updated Terms apply to you. Please read these Terms carefully.

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:

• you are at least 18 years of age;
• you are bound by these Terms of Service, and all Figure Eight policies and guidelines referenced in this agreement;
• you have the authority to enter this agreement on behalf of yourself or the entity you represent; and
• you will not abuse our website, misrepresent your identity to us, or use artificial intelligence to complete any portion of any task on Figure Eight which requires human intelligence.

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.”

2. Eligibility
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 help@figure-eight.com.

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
Upon registering with Figure Eight you will be asked to disclose certain personal information about you, including your name, email address, and to create a username and password, all of which will be subject to our Privacy Policy, available here. You alone are responsible for monitoring, ensuring and maintaining the security of your account, passwords, and any authentication keys associated with your account, and you are responsible for any use of or action taken through use of that information on Figure Eight. You agree that you will not share your account or password with anyone.

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
You accept our Privacy Policy, which governs what we will do with any personal information you give to us.

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:

1. register for more than one Figure Eight account;
2. perform any task with the use of Internet bots, web robots, bots, scripts, or any other form of artificial intelligence or otherwise attempt to obtain rewards from Figure Eight without completing tasks as they are described;
3. provide any false information while using this website (including without limitation impersonating any other person or organization in your account, or falsely stating or otherwise misrepresenting yourself or your affiliation with any other person or organization in your account ;
4. access or attempt to access our website through any proxy web server or other device designed to obfuscate your true location or identity or by any means other than the interface provided;
5. use the website for any illegal activity, or for any purpose other than the purpose for which it was made available;
6. engage in activity that interferes with or disrupts the functioning of the site;
7. insert, upload, or attach malicious or unknown external links or files, or upload any content that contains a virus, Trojan horse, worm, time bomb, or other harmful computer code ;
8. Upload any content subject to copyright that is not your original work, unless you have permission from the rightful owner to post such content and to grant Figure Eight all of the licensed rights granted herein;
9. engage in spamming or post any kind of publicity, attempt to get referrals, mass communication, money offers or requests, solicitation of services, advertising, marketing, nonsense messages, duplicated topics, illegal content, social website links, e-mail addresses, or instant messenger IDs unless required by the task;
10. insert external links that offer goods or services unless required by the task;
11. otherwise engage in any malicious or fraudulent activity.

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
By performing tasks on our website, you authorize the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. In addition, we may share certain information about you and your completed tasks to the TaskAuthor whose tasks you have completed to facilitate the service relationship and improve the website, including, for example, Contributor ID, IP Address, completed tasks, and other attributes related to your qualifications, languages, skills, and use of the website.

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.

19. Indemnification
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:

1. Alternative Dispute Resolution Required. You agree that for any dispute that arises out of or relates to your use of our website, including any dispute that may have arisen from the time that you began performing tasks for Figure Eight, and specifically including any claim related to whether or not you classify as an independent contractor, you will first notify Figure Eight of your claim against it. You and Figure Eight will then attempt to resolve the issue through either direct negotiation or mediation. We will split equally the cost of mediation and agree that mediation shall be conducted through telephonic or other electronic means. If a claim remains unresolved following informal negotiations or mediation, you agree that you and Figure Eight will use final and binding arbitration to resolve the dispute. This clause governs all claims retroactively from the time you began using our website, whether based on tort, contract, statute, including, but not limited to, any claims of discrimination and harassment, whether they be based on the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, as amended, or any other state or federal law or regulation, equitable law, or otherwise.
2. Arbitration Procedure. All 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 a U.S. arbitrator selected from a list of no less than seven (7) names through alternative strikes. In arbitration, each party will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitrator. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis other than such controlling law. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Awards must include the arbitrator’s written reasoned opinion. You give up your right to trial by jury of any claim you may have against Figure Eight or that Figure Eight may have against you. Any claim under this clause must be brought within the applicable statute of limitations period. The United States Federal Arbitration Act governs this clause, and you acknowledge that this Agreement evidences a transaction in commerce.
3. Exceptions. Disputes that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from this arbitration clause.
4. Administrative Exhaustion. You may bring any claim arising out of your use of this website to an administrative agency but only to the extent applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission, the U.S. Department of Labor, and the National Labor Relations Board. Nothing in this clause shall be deemed to preclude or excuse you from bringing an administrative claim before any agency in order to fulfill your obligation to exhaust administrative remedies before making a claim in arbitration, however, you waive the right to any monetary award through this such agency proceedings.
5. Location of Arbitration. Any arbitration proceeding under this section will take place by default no more than 45 miles from the place where you reside, unless you reside outside the United States, in which case the arbitration will take place entirely electronically or telephonically. The arbitration may take place at any other location if agreed to by every party in writing. Regardless of its location, any party may opt to appear at the arbitration via live video or teleconference.
6. Class Action Waiver. You waive any right you have for any dispute to be brought, heard, or arbitrated as a class, collective, or representative action. Notwithstanding any other clause contained in this agreement, the preceding sentence shall not be severable from this agreement in any case. Any claim that all or part of this waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. You will not be retaliated against or prevented from completing tasks on our website as a result of your exercising your rights under Section 7 of the National Labor Relations Act, or by the filing of or participation in a class, collective or representative action in any forum, but we may lawfully seek enforcement of this class action waiver, and seek dismissal of such class, collective or representative actions or claims.
7. Costs and Fees. The parties shall each bear their respective costs for legal representation at any such arbitration, except to the extent that attorney’s fees are explicitly provided for by law. The parties will split any initial administrative fee charged by the arbitrator, up to a maximum cost to you of two hundred fifty dollars (US$250.00). The cost of the arbitrator and court reporter, if any, shall initially be borne by us; however, the arbitrator shall have the discretion to award appropriate costs to the prevailing party, as provided by law, and/or to require the parties to split the costs associated with the arbitrator and/or court reporter.
8. Severability. Except for the Class Action Waiver, if any term or provision, or portion of this arbitration clause is declared void or unenforceable it will be severed and the remainder of the arbitration clause will be enforceable.

28. Applicable Law
The laws of the State of California govern these Terms of Service and any controversy, dispute, or claim arising from them.

29. Termination
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

1. Entire Agreement. These Terms of Service and any policies, procedures, or terms referenced in this agreement constitute the entire agreement of the parties with respect to the subject matter, and supersede and cancel all prior and contemporaneous related agreements, claims, representations, and understandings of the parties.
2. No Waiver. We will not be considered to have waived any portion of our rights or remedies unless the waiver is in writing and signed by us. If we delay enforcing or fail to enforce our rights under any provision of this agreement, that will not constitute a waiver of our right to subsequently enforce such provision or any part of this agreement.
3. Assignability. You may not assign these Terms of Service without our prior written consent. We may assign these Terms of Service at any time, without notice. Subject to the foregoing, these Terms of Service will be binding on each party’s successors and permitted assigns.
4. Severability. If any provision of these Terms of Service is found invalid or unenforceable for any reason, it will not affect the validity and enforceability of any remaining provisions.
5. Notice.  All notices related to these Terms of Service will be sent by e-mail or posted on our website. You must send notices to us at notices@figure-eight.com. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the business day after transmission of properly addressed to the intended recipient.
6. Amendments.  No modification or amendment to these Terms of Service by anyone other than Figure Eight shall be binding upon Figure Eight unless in a written instrument signed by a duly authorized representative of Figure Eight.
7. Prevailing Language.  The English language version of these Terms of Service will control in all respects and will prevail in case of any inconsistencies with translated versions, if any.
8. Voluntary Agreement. All parties to these Terms of Service represent and agree that each has reviewed all aspects of this agreement, has carefully read and fully understands all its provisions, and is voluntarily entering into this agreement.

Customer Terms and Conditions

Last updated: May 17, 2018

1. Definitions
2. Figure Eight’s Services
3. Fees
4. Data You Provide
5. Registration
6. API
7. Software and Proprietary Rights
8. Equipment and Security
9. Anti-Discrimination
10. Confidentiality
11. Cancellation and Termination
12. Warranty and Disclaimer
13. Limitation of Liability
14. Dispute Resolution
15. Indemnification
16. General Terms

As a customer of Figure Eight, you and any entity that you represent (collectively, “Customer,” or “you”) agree to be bound by and are becoming a party to this agreement between you and Figure Eight, Inc. and its affiliates (“Figure Eight” or “us”). You may have completed either a Platform Access Order Form – PAYG or a Platform Access Order Form – Figure Eight Pro (each an “Order Form”). In addition to the Order Form you completed, this agreement includes and incorporates by reference the Figure Eight Master Terms of Service, the Figure Eight Code of Conduct, and the Figure Eight Privacy Policy, which are each available on our website, www.figure-eight.com (collectively, this “Agreement”). By accepting these terms, you unconditionally agree to ALL of these terms and policies.

1. Definitions

Capitalized terms not defined in these Terms and Conditions are defined in the Order Form.

2. Figure Eight’s Services

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.

3. Fees

1. Fees and Method of Payment. You will pay us the fees described in the Order Form and attached Schedules, via the payment method you provided in the Order Form. Unless otherwise expressly agreed to by both parties in writing, you will provide full payment for all invoices issued within thirty (30) days after the mailing date of the invoice. You authorize us to run credit card authorizations on all credit card information you provide to us, to store that credit card information, and to charge your credit card or any other account we mutually agree to as a form of payment.
2. Overdue Payment to Figure Eight. Any late payments will accrue late charges at the rate of 1.5% percent per month or the maximum amount allowed by law, whichever is lower. If you fail to pay the amount due under this Agreement for any reason, your account may be suspended, at our sole discretion, in which case no additional payments will be made from your account for completion of tasks and all of your tasks will be removed from our website. You must reimburse us for all amounts due upon demand, plus any processing fees, late fees, or attorney fees. We may also make appropriate reports to credit reporting agencies and law enforcement authorities.
3. Billing Errors. If you believe that we have billed or charged you incorrectly, you must contact our customer support department no later than thirty (30) days after the closing date on the first billing or account statement in which the error or problem appeared in order to receive an adjustment or credit.
4. Taxes. You are responsible for payment of all taxes associated with the Services other than U.S. taxes assessed on Figure Eight’s net income or personal property.

4. Data You Provide

1. Customer Data. You may be required to provide data to us so we may perform the Services (“Customer Data”). We will not be liable for any failure to perform Services that is caused by your delay or failure to provide these data.
2. License to Your Data. You grant us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, irrevocable license during the term of this Agreement to use, reproduce, electronically distribute, and publicly display any Customer Data solely for the purpose of providing the Services. You represent and warrant that you own sufficient right, title, and interest in and to your data in order to grant the license in this section. We aggregate Customer Data with other data so that results are non-personally identifiable with respect to Customer and we also collect anonymous technical logs and data regarding use of the Services (“Aggregate/Anonymous Data”). Notwithstanding anything to the contrary herein, any such Aggregate/Anonymous Data may be used by Figure Eight for any business purpose during or after the term of this Agreement, including without limitation to develop and improve Figure Eight’s products and services and to create and distribute reports and other materials. For clarity, this Section 4.b. does not give us the right to identify you as the source of any Aggregate/Anonymous Data without your prior written permission.
3. “Data for Everyone.” If you have selected Figure Eight’s “Data for Everyone” option, then you grant us and all other users of the Services a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, irrevocable license to fully exploit all Customer Data, including all related intellectual property rights. If you do select the “Data for Everyone” option, you represent and warrant that you own sufficient right, title, and interest in and to your data in order to grant the license in this section.
4. Offensive and Disallowed Content. If your data contain potentially explicit or offensive content, we require you to mark them “EXPLICIT CONTENT” to serve as fair warning to anyone who sees your data. You may not without a separate written agreement with Figure Eight include tasks that violate our policies, including, but not limited to, (a) tasks that directly or indirectly promote another website or service, (b) tasks that violate a third party website’s terms and conditions, (c) tasks asking Contributors to solicit third parties, (d) tasks that ask Contributors to take action to manipulate a website’s behavior or results, (e) tasks that violate the intellectual property rights of third parties, and (f) tasks that require Contributors to download software or files.

5. Registration

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.

6. API

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.

7. Software and Proprietary Rights

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.

8. Equipment and Security

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.

9. Anti-Discrimination

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.

10. Confidentiality

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.

11. Cancellation and Termination

1. This Term Governs. This termination provision overrides all other termination provisions that may apply to you and Figure Eight with respect to the Services.
2. Termination by Us. We may terminate this Agreement and suspend or end the Services immediately, at any time, without notice or refund to you, if you are not complying with this Agreement, or if you use the Services in any way that we believe could cause us legal liability or disrupt others’ use of the Services. We can also terminate this Agreement and your use of the Services for our own convenience or for no reason at all, with 60 days’ prior notice to you. If that is the case, and if you have prepaid any fees to us, we will refund a pro-rata portion of those prepaid amounts, based on the remaining time or Services you have paid for, whichever is less. We will wind up our work in a commercially reasonable manner and preserve and deliver to you all paid-for Output Data Sets and all Customer Data in our possession. Upon any termination, we may but are not obliged to delete any data.
3. Termination by You. You may terminate this Agreement for any reason without refund by giving us 30 days’ prior written notice. You remain liable upon termination for any amount due under your Order Form. If your subscription includes any monthly or annual fees or monthly or annual minimums, you will still be responsible for paying for all Services fees through the end of that month or year, respectively.
4. Survival. As of the effective date of any termination, you will not have any right to access or use the Services or the API, but the rest of the terms of this Agreement will continue to apply.

12. Warranty and Disclaimer

You acknowledge our warranty and disclaimer in the Figure Eight Master Terms of Service.

13. Limitation of Liability

You acknowledge the Limitation of Liability in the Figure Eight Master Terms of Service.

14. Dispute Resolution

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.

15. Indemnification

1. Your Indemnification of Figure Eight. You agree to indemnify, defend, and hold us harmless against any damages, losses, liabilities, settlements, and expenses, including attorneys’ fees and costs, in connection with any third party claim or action that arises from your use of our Services, unless that claim is covered under the next Paragraph 15b. You further indemnify us and hold us harmless for any amounts paid or payable, including reasonable attorneys’ fees, to third parties unaffiliated with Figure Eight as a result of any claim that any of your data infringe or violate the intellectual property or other rights of a third party, provided that we give you (a) prompt written notice of the claim, (b) reasonable cooperation in defending the claim, and (c) sole control of the defense and settlement of such claim.
2. Figure Eight Indemnification of You. We will indemnify you and hold you harmless for any amounts paid or payable to third parties unaffiliated with you (including reasonable attorneys’ fees) as a result of any third party claim that the Services or Software infringe or violate the intellectual property or other rights of a third party, provided that you give us (a) prompt written notice of the claim, (b) reasonable cooperation in defending the claim, and (c) sole control of the defense and settlement of such claim.

16. General Terms

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.

Code of Conduct

Last updated: May 17, 2018

1. Respect the Community
2. Be Polite
3. Keep it Clean
4. Be Honest
5. Don’t be Prejudiced
6. Don’t Harass

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.

Privacy Policy

The updated Privacy Policy will automatically come into effect for all existing and new users on May 25, 2018. Please read the Privacy Policy carefully.

Effective starting: May 25, 2018

Table of Contents

1. What is Personal Information?
2. What Type of Information Do We Collect?
       2.1 Information You Give to Us
            2.1.1  Active Collection by Figure Eight
       2.2 Information We Automatically Collect
            2.2.1 Passive Collection by Figure Eight
            2.2.2 Cookies
            2.2.3 Web Beacons
       2.3 Information We Collect from Third Parties
            2.3.1 Figure Eight Partners
            2.3.2 Third Party Collection
            2.3.3 Connecting Through Third-Party Sites
            2.3.4 Personal Information of Children
3. How We Use The Personal Information We Collect
       3.1 Providing Service
       3.2 Customer Support
       3.3 Communications
       3.4 Feedback
       3.5 Analysis and Customization
       3.6 Marketing
       3.7 Administrative Use
       3.8 Enforcement
       3.9 Create and Maintain a Trusted and Safer Environment
       3.10 Other
   
4. What Personal Information Do We Share With Third Parties?
       4.1 Consent
       4.2 Service Providers
       4.3 Aggregated Information
       4.4 To Protect Our Legitimate Business Interests and Legal Rights
       4.5 Sale or Merger
       4.6 Other Users of the Services
   
5. Third Party Partners and Integrations
6. Your Rights
7. Operating Globally
       7.1 EU-US and Swiss-US Privacy Shield
       7.2 California and Vermont Residents
       7.3 California Privacy Rights
8. Security And Retention of Data
9. EU Citizens and Residents
   9.1 Lawful Basis for Processing
            9.1.1 Legitimate Interest
            9.1.2 Consent
            9.1.3 Other Processing Grounds
   9.2 Data Subject Rights
            9.2.1 Managing Your Information
            9.2.2 Rectification of Inaccurate or Incomplete Information
            9.2.3 Data Access and Portability
            9.2.4 Data Retention and Erasure
            9.2.5 Withdrawing Consent and Restriction of Processing
            9.2.6 Objection to Processing
            9.2.7 Lodging Complaints
10. Changes To This Privacy Policy
11. Contact Us

Thank you for using Figure Eight!

Figure Eight takes large, data-heavy projects and breaks them into small tasks that are distributed to our large global network of Contributors. When you use the Figure Eight Platform or interact with us, you trust us with your personal information.  This Privacy Policy explains what personal information we collect, why we collect them, and what we do with the information, in conjunction with your access and use of any Figure Eight website, mobile site, APIs or application which links to this Privacy Policy (each a “Site”) and any use of the Services. Remember that your use of the Services is at all times subject to the Terms of Service, which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Service.

This Privacy Policy also explains your rights about how we use personal information about you.  Your rights include how you can access and update certain information about you, or object to certain uses of personal information about you.  By signing up to or continuing to use our Site or our Services after May 25th, 2018, you accept the practices and policies outlined in this Privacy Policy and you hereby consent that we will collect, use, and share your personal information in the following ways.  If you have any questions about this Privacy Policy, contact us at dpo@figure-eight.com.

1. WHAT IS PERSONAL INFORMATION?

The term “personal information” means information that relates to an identifiable or identified natural person (such as a name, address, telephone number, mobile number, email address, or credit card number). It also includes other information about an individual when it is directly linked to personally identifiable information. Personal information does not include “aggregate” information, which is data we collect about the use of the Site or Services or about a group or category of services or users, from which personal information has been removed. This Privacy Policy in no way restricts or limits our collection and use of aggregate 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:

• Create an account or profile or fill out a form;
• Subscribe to newsletters or other publications or services;
• Place an order, request services or technical support, or send a task request;
• Respond to a task request and/or participate in a job offered via the Services;
• Send us an email, or provide or request information or referral services;
• Participate in surveys, sweepstakes, contests, promotional offers, and other activities on the Site or in-person event.
• Participate in online communities or other interactive features, including when you post in forums, blogs, leave comments, post content, send messages to other users, and other interactive areas of the Site or the Services;
• Register for an event, and/or scanned, by an event lead capture device, in which Figure Eight is a sponsor for that event.

The information we collect may include:

• Account Information, such as your name, contact information, email, address, telephone number, and mobile number. We collect this information at the time of your registration to the Site or Services.
• Financial Information, such as your bank, credit card or other account information which we may collect in order to process payments to or from you, and to comply with applicable law.
• Identity Information, such as your social security number or other tax ID number, or a portion thereof, your date of birth etc., which we may collect to verify your identity, provide the Payment Services to you, and to comply with applicable law.
• Transactional and performance data regarding the tasks you perform.
• When you contact us regarding a problem you are experiencing on the Figure Eight Platform, we will ask for your contact information, a summary of the problem you are experiencing, and any other documentation, including screenshots or other information that would be helpful in resolving the issue.
• Demographic and relationship information, or public comments or posts you choose to share, including by connecting to the Site through a social network, such as Facebook, Twitter, LinkedIn, etc.
• Any inputs and content that you provide to us through your feedback or when you participate in any interactive features, surveys, contests, promotions, sweepstakes, activities or events.

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.

2.2.2 Cookies

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?

If you wish to block, erase, or be warned of cookies, or to opt-out of our use of cookies, you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from websites you visit. However, if you do not accept certain cookies or choose to block certain cookies, this could affect certain features on our Site and may make you unable to work on certain tasks on the Figure Eight Platform.

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.

In addition, the information collected may be used to analyze Sites activities. Such information may also be used to determine our content’s effectiveness or popularity and to better understand the usage and visits to our Site and the other websites. This Privacy Policy does not apply to, and we are not responsible for cookies, Web beacons or similar devices or technologies placed by third parties. If you would like more information about this practice and your choices with respect to ad networks, please visit Networkadvertising.org.

2.3.3 Connecting Through Third-Party Sites

If you create, log into your account, or otherwise access a Site or the Services through a third-party social networking site, such as through Facebook, Figure Eight will have access to certain information from that site, such as your name, email address, and third-party account credentials and our use of that information is covered by this Privacy Policy.

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.

3.3 Communications
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.

3.4 Feedback
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.

3.6 Marketing
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.

3.8 Enforcement

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.

3.10 Other

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?

We will not share the personal information with third parties, except as described in this Privacy Policy. For example, we may share personal information as follows:

4.1 Consent

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
We transfer information to our corporate affiliates, service providers, vendors, consultants, and other partners (“Service Providers”) who process it for us, based on our instructions, and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. These partners are engaged by us in connection with the operation of the Site or the Services, or they provide services globally, including for customer support, information technology, payments, sales, marketing, research, surveys, and who need to access to such information to carry out their work for us. These parties include:

• Payment processors
• Analytics service providers
• Hosting service providers
• Ad networks

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

Our Site and Service may contain links to other websites. This Privacy Policy does not apply to such linked sites. Any personal information you provide on the linked pages is provided directly to that third party and is subject to that third party’s privacy policy. We are not responsible for the privacy and security practices and policies of any sites that are linked to from this Site or the Service. We encourage you to learn about the privacy and security practices and policies of third-party sites before providing them with personal information.

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 dpo@figure-eight.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

To facilitate our global operations Figure Eight may transfer, store, and process your information within our family of companies or with Service Providers based in Europe, India, Asia Pacific, Africa, and North and South America. Laws in these countries may differ from the laws applicable to your Country of Residence. For example, information collected within the EEA may be transferred, stored, and processed outside of the EEA for the purposes described in this Privacy Policy. Where we transfer store, and process your personal information outside of the EEA we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.

7.1 EU-US & Swiss-US Privacy Shield

Figure Eight complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. Figure Eight is committed to the Privacy Shield Principles of (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 in reliance on the Privacy Shield. Figure Eight has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

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 dpo@figure-eight.com. 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.

If we have received your personal information under the Privacy Shield and subsequently transfer it to a third party service provider for processing as described in this Privacy Policy, we will remain responsible if these providers process your personal information in a manner inconsistent with the Privacy Shield Principles, except where we can establish that Figure Eight was not responsible for the violation.

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.

Pursuant to California Civil Code Section 1798.83, California residents who provide us with personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, one time per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. Alternatively, the law provides that a company may comply, as Figure Eight does, by disclosing in its Privacy Policy that it provides consumers choice (opt-in or opt-out) regarding sharing Personal Information with third parties for those third parties’ direct marketing purposes, and information on how to exercise that choice. As stated above in this Privacy Policy, Figure Eight provides you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time Figure Eight offers that choice, Figure Eight does not share your information with that identified third party for its direct marketing purposes.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: help@figure-eight.com or write to us at the mailing address provided within this Privacy Policy.

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.

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 information 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 dpo@figure-eight.com.

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.

9.1.1 Legitimate Interest: We process the personal information listed in Section 2 of this Privacy Policy when we believe it furthers the legitimate interest of us or third parties.

Examples of these legitimate interests include:

• Operate our business and improve our products and services
• Communicate with you about the Services and respond to your requests
• Contact you about Service announcements, updates or offers
• Marketing of our products and services
• To provide customer support, when you contact us for support
• Detect, prevent, or otherwise address fraud, security or technical issues.
• Compliance with applicable laws and fulfill our legal obligations
• Complete corporate transactions

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 dpo@figure-eight.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 dpo@figure-eight.com. 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:

• We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a Figure Eight Account for fraud or safety reasons, we may retain certain information from that Figure Eight Account to prevent the opening of a new Figure Eight Account in the future.
• We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Figure Eight may keep some of your information for tax, legal reporting and auditing obligations.
• Information you have shared with others (e.g., blogs, forum postings) may continue to be publicly visible on the Figure Eight Platform, even after your Figure Eight Account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
• Because we maintain the Figure Eight Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

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 dpo@figure-eight.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 dpo@figure-eight.com.

10. CHANGES TO THIS PRIVACY POLICY

Figure Eight reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Figure Eight Platform and update the “Last Updated” date at the top of this Privacy Policy. We will also provide you with notice of the modification by email before the date they become effective. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Figure Eight Platform will be subject to the revised Privacy Policy.

11. CONTACT US

If you have any questions about this Privacy Policy or Figure Eight’s information handling practices, you may send us an email at dpo@figure-eight.com or contact us at the below address:

Figure Eight Technologies, Inc.  Attn: Data Protection Officer, 940 Howard Street, San Francisco, CA 94103 USA.

Figure Eight Description of Standard Services

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:

• Objective: The objective of this engagement is to help the Customer get the most value from its subscription and use of the Figure Eight platform while building a stronger relationship with Figure Eight Team. A Customer is typically trained on the following:
  • Module 1: Platform Fundamentals and Job Design
  • Module 2: Test Questions and Quality
  • Module 3: Monitoring, Reporting, Quality Assessment and Auditing
  • Module 4: Customer specific use case review
• Time and Duration: The Platform Training is available as either Onsite (2 Consecutive Days) or Remote (4 remote sessions spread over no more than 2 weeks). The SOW / Order Form will identify the number of consulting days purchased.

B. Training – API Integration:

• Objective: The objective of this engagement is to help the Customer automate their Figure Eight Workflows using API Integration. A Customer is trained on the best practices and use of the Figure Eight API.
• Time and Duration: The API Integration Training is available as either a half-day Onsite or Remote engagement. The SOW / Order Form will identify the type of training purchased.

C. Professional Services – Quickstart:

• Objective: The objective of the Quick Start packages are to comprehensively train the customer with sufficient hands-on experience with the platform and provide consulting expertise if required. Quick Start packages include Platform Training as well initial job creation for our Customers to get customers up and running on the platform quickly. Quickstarts are available in three flavors to accommodate customer needs:
  • Quickstart – One (1) Remote Training, One (1) Customer Job Design
  • Quickstart Premium – Up to Three (3) Remote Trainings or One (1) Onsite Training and Up to Three (3) Customer Job Design
  • Quickstart Elite – One (1) Onsite Training, 40 Hrs of Consulting and 40 Hrs of Platform Implementation Services
• Time and Duration: Figure Eight offers a range of Quick Start packages to help our Customers quickly adopt and realize the benefits of the Figure Eight Platform. The SOW / Order Form will identify the type of Quick Start purchased.

D. Professional Services – Platform Administration:

• Objective: The objective of the Platform Administration Service is to assist the customer with Business As Usual (BAU) need to create, monitor, execute and maintain jobs on the Figure Eight platform. Platform Administration includes:
  • Creation and Enhancement of Jobs per customer requirements
  • Creation / Review of Test Questions for job quality
  • Pre-Processing of input data and Post Processing of job results
  • Monitoring Jobs for completion
  • Auditing jobs for quality
  • Providing periodic reporting to customers on jobs
  • Providing job results back to the customer
• Time and Duration: Platform Administration is available as a committed “weekly part-time” of a resource and is available in Quarter Time (10 hrs/week), Half Time (20 hrs/week), Three Quarter Time (30 hrs/week) depending upon the complexity of the engagement and jobs involved. Platform Administration. Services are available in 3 months (minimum), 6 months, 9 month and 1-year commitments (term). Platform Administration Services are prepaid and unused hours expire at the end of the term, any consulting overage on the committed term is charged at the effective bill rate upon the exhaustion of hours. The SOW / Order Form will identify the type of Platform Administration purchased.

E. Professional Services – Consulting Day:

• Objective: Figure Eight Consulting Day shall consist of on-site or remote consulting at Customer’s office. Such consulting days shall consist of general advice or implementation to be provided to customer relating to its use of the Figure Eight platform. During the course of providing Services, Figure Eight may design, develop for or deliver to Customer jobs, scripts, documentation, reports, and other tangible deliverables, which shall be referred to as “Deliverables”.
• Time and Duration: A Consulting Day is considered as 8 hours of onsite or remote consulting. The SOW / Order Form will identify the number of Consulting Days purchased.

II. General

These apply to any Services purchased by Customer:

A. Deliverable:

• Figure Eight may design, develop for or deliver to Customer jobs, scripts, documentation, reports, and other tangible deliverables. Figure Eight will provide periodic reports along with recommendations (if any) to the Customer.

B. Assumptions and Customer Responsibilities

• Customer will provide access to at least one representative from their team during the course of the engagement to serve as the primary contact liaison for the engagement. Additional subject matter experts will be brought in as needed to accomplish the goals of the engagement.
• A consulting day is up to a maximum of eight hours of consulting (“Consulting Day”).

C. Resources

• Upon SOW execution, Figure Eight will schedule personnel and related resources. The project start date may vary based on resource availability, which typically is at least two weeks after SOW signature. Figure Eight will work with Customer to determine project commencement.

D. Travel and Expenses

• Consulting Services outline on the Order Form / SOW exclude any incidental Travel and Expenses and will be charged to the Customer separately as incurred. Figure Eight’s reasonable travel and incidental expenses incurred in conducting on-site activities at Customer’s site shall be billable to and paid by Customer upon receiving invoice with receipts (if requested).

E. Governing Terms

• Warranties. Figure Eight represents and warrants that the Services provided hereunder shall be provided in a professional and workmanlike manner and the deliverables shall substantially conform to the descriptions specified in this SOW. In the event of a breach of this warranty, Figure Eight shall use commercially reasonable efforts to re-perform the applicable Services or re-deliver the applicable deliverables, provided that Customer notifies Figure Eight within five (5) days of the nonconformance. This does not include any Crowd Costs required for re-delivering the services. The foregoing shall be Customer’s sole and exclusive remedy for a breach of this warranty.

Statement of GDPR Compliance

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.

• Customer Agreements: Adding the GDPR Data Protection Addendum (DPA) support GDPR compliance for both our customers and Figure Eight.
• Policy Development: We maintain our range of policies including, but not limited to, our Controls, Data Breach Policy, Business Continuity Plans, and Data Privacy Officer appointment to help us address data subject rights including the right of access.
• Website Data Collection & Consent, Privacy Policy: We have updated the workflows and framework  to incorporate the GDPR obligations and Data Subject consent.
• Data Impact Assessments & Data Inventory: We have completed the systematic review of the personal data we store, manage, maintain, collect, process and control.
• Training & Awareness: We have completed and will provide ongoing GDPR training of the Figure Eight staff.  This training includes impact on the new policies, procedures, and responsibilities of our staff and stakeholders for maintaining our compliance with the GDPR.
• Controls & Gap Analysis: With respect to the GDPR, we have implemented controls, completed our gap analysis, and addressed open items.
• Supplier & Partner relationships: Where relevant and related, we will be using all reasonable endeavours to ensure that our third party and suppliers are complying with the GDPR, including completing diligence processes, executing Data Protection Addendums which includes the acceptance of the GDPR Standard Clauses.
• Technology: We continuously review our technology platform to analyze its operation, security, and compliance in order to ensure that it meets best practice standards to identify any gaps and risks, should they arise.
• Data Protection Office:  Our Senior Management Team, Data Protection Officer, and advisors will continue to monitor the program for governance and compliance.  

This statement exclusively covers Figure Eight’s policies and practices regarding information and data security. It does not recapitulate the law, nor does it attempt to define good conduct outside of the security context.

Figure Eight Website Security Statement

General Security Practices

Figure Eight adopts the following best practices for software development and business operations:

System and Data Access

• All access to production systems and customer data is restricted to authorized personnel for production support and customer data administration on a needs basis using channels secured by virtual private network (VPN), secure shell (SSH) and multi-factor authentication (MFA).
• No service is allowed to communicate with other services without credentials or secure API token.
• Only services intended for general consumption are publicly available.

System Changes

• Nightly backups (snapshots) of data are made and stored in redundant locations.
• Only authorized personnel may access or restore any data from the backup datasets.
• Configuration of systems and services is performed automatically by programs vetted for security deficits.
• Software and security updates are scheduled in the monthly maintenance window.  Critical security updates are applied timely (as emergency software patch) to mitigate any immediate security risks.

Monitoring

• All system logs are re-directed to a central repository for analysis, event tracking and diagnosis.
• Figure Eight continuously monitors for any possible suspicious application behavior and unusual system event using custom security information monitoring system (SIEM), and responds to active and emerging security threats, especially the Open Web Applications Security Project (OWASP) top 10 and Community Emergency Response Teams (CERT) advisories.

People Operations Security

Our People Operations team will perform a background check using third party services for each employee.  Each employee is required to take mandatory security awareness online training during employee onboarding.

Workplace Security

BYOD (Bring Your Own Device) security control is implemented, where personal devices are re-directed to a separate and isolated virtual network (VLAN) without access to corporate network or resources.

All visitors need to sign in at the front desk, and the visitor management application will notify the hosting employee to pick up the visitors.  The visitor management application will issue visitor badge, and visitors need to bring with them at all times.

Physical Security

There are physical locks inside office building to secure network equipment and assets.  Access to server rooms should be restricted to authorized IT administrative staff. Security cameras are installed in multiple locations and recordings are available for review in case of any incident.

Password Policy Control

Strong and complex password policy is enforced for both employees and end-users.  For employees, industry-strength Mobile Device Management tool is used to enforce password policy in company-issued laptops.  MFA (Multi-factor Authentication) is required to access backend systems using company-issued laptops and VPN for production changes or troubleshooting.

Production system or data access is only granted for authorized staff to perform systems administration or to troubleshoot backend systems for availability and security.   Backend support staff must use VPN and MFA device with company-issued laptop for secure access.

Operations Security

Figure Eight is a Software-as-a-Service (SaaS) company and the essential Human-in-the-Loop Machine Learning platform to create customized large scale high-quality training data

. The company has a dedicated Systems Operations team to ensure the safe operation of Figure Eight’s Websites, business applications and customer data. Each team member is carefully vetted for reliability and responsibility, and is trained to be knowledgeable and aware of sensitive information.

Security Controls and Change Management

Security policies, security controls and Security Operations Procedures are reviewed and updated annually or whenever needed to accommodate new business requirements or emerging machine learning technologies.  There is a risk assessment process to evaluate the security risks for vendor and platform technologies adopted. Change management process is enforced to ensure system changes from regular software release to emergency software/security patches are reviewed, approved and tracked in our change control software system.

Secure Software Development Lifecycle Process

Our Engineering teams implement secure software development lifecycle process using agile development methodology, and review security issues raised from static code analysis, Web application vulnerability scanning and container/OS vulnerability scanning automated in the build pipeline.  Every year, professional security firms are engaged to perform network and application penetration testing in production environment.

Security Monitoring and Logging

System monitoring is set up for cloud applications and micro-services deployed in public and private clouds.  Intrusion detection controls are implemented in the cloud. Custom alerts are created to notify support team about any system events and suspicious activities that may be potential security incidents.  Detailed logging and audit reports are available upon request for security incident diagnosis and forensics.

Security Incident Response Process

There is a documented security incident response plan, which is tested at least once per year.  The triage process defines triage steps to be coordinated with the incident response team in a collaborative manner with the intended goal of timely security vulnerability mitigation.  All verified security incidents will be reported to the security incident response timely. Depending on the levels of response, and the customer agreement, customers will be notified timely about the status and the remediation.

Data Protection

Figure Eight treats all customer data confidential and has implemented a variety of data protection controls to safeguard data privacy.  This includes protecting data at rest (data encryption), data in transit (secure data transport) and role-based system access control. Data access is restricted to authorized personnel, and production backend systems can be only accessible using MFA, VPN and company-issued laptops.  For GDPR and ePrivacy compliance, we support data deletion upon customer request within 30 days.