DigiFabster privacy policy

We at DigiFabster, Inc. and its affiliates (“DigiFabster", “we”, “us”, “our”) know that you care about how your personal data is used and shared and we take your privacy seriously. We are focused on protecting your personal data and your privacy rights. For the purposes of EU/UK data protection law, DigiFabster, Inc. is the “controller" of your personal data as part of using DigiFabster’s Website or Services (as defined below) for the purposes described below.

This Privacy Policy supplements our Terms of Use and, as far as our business customers are concerned, the individual commercial contracts with each of our customers (collectively, “Customer Terms”), and sets out how we collect, process, disclose, or otherwise use Personal Data as a Data Controller (as defined under EU/UK data protection law) in connection with our website www.digifabster.com (“Website") and the various products and services provided by DigiFabster to its customers (“Services”) of which Personal Data may be processed by DigiFabster as a Data Processor or a Data Controller. Our Privacy Policy may also apply to the processing of your Personal Data in connection with DigiFabster’s marketing and publicity activities.

We process Personal Data when you are accessing or using our Website or Services directly or as a user of a Digifabster’s customer (“Customer User”). Our Services are accessible to you after you have logged on as a Customer User to your DigiFabster account.

We gather Personal Data, (i) in connection with your access to our Website, (ii) if and to the extent it is necessary to provide, improve upon, and develop our Services, and (iii) if we are entitled or obligated to process Personal Data under applicable law. Personal Data or Personal Information refers to information that relates directly or indirectly to an identified or identifiable individual (“you"). Set out below in this Section 3 are the categories of Personal Data that we use and the purposes for which we use them. The categories of companies or persons who may receive Personal Data are set out Section 5 below.

In particular, we may use your information to:

• Create and maintain your Account (as defined in the Terms and Conditions).

• Prevent and detect fraud or other malicious activity.

• Communicate with you about our services and features.

• Allow other users to communicate with you.

• Provide to you our service and support.

• Update you on new services and features.

1. Information You Provide to Us:

Your Personal Data: We process Personal Data you provide to us including your name and email address if you sign up for our updates or if you request a demo of our Services. If you sign up for our Services, information such as name, work email, and other information is required to create an individual DigiFabster customer account. We will inform you which information is required in each case so that you can choose whether or not to sign up. If you choose not to provide us with certain information, you may not be able to register with us or take advantage of some of our features.

Additionally, we may post user’s testimonials/comments/reviews on our Website which may contain Personal Data. We do obtain the Customer User’s consent via email prior to publishing any testimonial and the relevant Customer User’s Personal Data. To request the removal of your Personal Data from testimonials or comments please contact us at hello@digifabster.com.

Sensitive Information: We do not process information revealing political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person's private life.

2. Information Collected Automatically:

Cookies/similar technologies: Whenever you interact with our Website or Services, we automatically process information on server logs by using “browser cookies” or similar technologies. You can find more details about our use of cookies or similar technologies in “Cookies” section below.

Log Data: When you visit the Website, our servers automatically record information about the browser or mobile app with which our Website is opened. Log Data includes your computer’s/mobile’s browser type, IP address, the requested webpage of our Website or feature of our Service, webpages visited before our Website, the time spent on those pages or features, subjects of searches on our Website and Services, access times and dates, and other related statistics. We use this Log Data to monitor and analyze the use of the Website and the Services and for the Website’s technical administration, to increase our Website’s functionality and user-friendliness, and to better tailor it to our visitors’ needs. Additionally, we use Log Data including your IP address for security purposes like whitelisting, prevention, and recognition of attacks and malware.

Prevent or Opt-out: You can change the preferences on your browser or mobile device to prevent or limit your computer or device’s acceptance of these technical means, but this may prevent you from taking advantage of some of our Website’s or Service’s features. As the means by which you can refuse cookies through your internet browser controls vary depending on the browser or device used, you should visit your device or browser's help menu for more information.

We use cookies served by Google Analytics to collect limited data directly from end-user browsers to enable us to understand the usage of our Website and Services, including making use of the demographics and interests reports services of Google Analytics. Further information on how Google collects and uses this data can be found at www.google.com/policies/privacy/partners. You can opt out of all Google-supported analytics within the Website by visiting https://tools.google.com/dlpage/gaoptout.

If you click on any link to a third-party website or service, such third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties.

3. Limits on Use of your Google User Data:

Notwithstanding anything else in this Privacy Policy, if you provide DigiFabster with access to your Google User Data, use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy , including the Limited Use requirements.

4. Email and Other Communications:

We may contact you by email or by other means. For example, we may communicate with you about your use of the Website or Services or in relation to new DigiFabster products, services, or other marketing initiatives. If you do not want to receive email or other communications from us, please indicate your preferences by adjusting the settings in your DigiFabster account or follow the instructions we provide to you in each of our emails to unsubscribe or opt-out of the relevant publication or updates.

5. Cookies

What is a cookie?

Cookies are pieces of computer code stored on your computer or other mobile/handheld device when you visit certain pages of this website. Like most websites, when you visit the Website we may store some cookies on your computer, mobile phone, tablet or other device. Cookies do not contain any personally identifiable information and are not harmful to your computer but can be used to ‘remember’ previous visits to our website.

Who sets the cookies?

The cookies stored on your computer or other device when you access this website are set by us. Some cookies may also be set by third parties who participate with us in advertising campaigns to promote this website. These third parties do not collect any personal data from which they are able to identify individual customers e.g. name or address, simply that your computer has been used to visit the site before.

What are cookies used for?

By remembering returning visitors, we can improve customers’ shopping experiences, making them more convenient and more tailored to products and offers of interest both on this site and elsewhere. Enabling your cookies whilst using our website will ensure that we are able to enhance your ordering process, such as remembering items you have already added to your shopping basket, or promotional codes you have entered at checkout. Some cookies are for statistical purposes only. They collect anonymous information about browsing and purchasing behavior which allows us to see which content is popular with our users.

Cookies may also be set by partner third parties who participate with us in affiliate marketing programs or advertising campaigns. These cookies enable us to offer tailored campaigns, and also ensure we adhere to contractual obligations to reimburse third parties for purchases made via a referral from their site. For example, to track and confirm customer cash-back payments via loyalty websites.

A number of cookies we use last only for the duration of your session and expire when you close your internet browser. Other cookies are used to remember you when you return to our website and will last for longer. We use a mixture of “Persistent” and “Session” cookies on our website as follows:

• Session cookies are files which allow the Website to link your actions during a single browser session. They are not stored long-term on your device
• Persistent cookies are cookies which remain on your device between sessions and allow the Website to remember details about you

We use cookies to track our website usage and trends, to improve the quality of our website and to customize, personalize and enhance your experience on our website.

We also use cookies (and we may use other such devices, including ‘web beacons’ or ‘tracking pixels’, which are used to count the number of times a page has been viewed) to monitor the frequency of use and specific usage within any part of our website and use the information for statistical purposes, to improve our services, create new features, fix bugs and to more accurately meet your preferences.

The cookies we store make use of the information entered during the Website registration process and are used to identify you when you do things like update your accounts details (the name, address and so on).

We use cookies for the following purposes:

• Essential Operational/Session Management Cookies: These cookies are necessary to allow us to operate the Website. Without the use of these cookies parts of the Website would not function correctly. These cookies, for example, let us recognise whether you are a subscriber and what type of subscriber you are and then provide you with the services which you are entitled to. Further examples of essential cookies include cookies which keep you logged on during your visit and retain details of your online shopping basket or purchases. These cookies also allow you to move easily from one page to another within the Website and your page requests are loaded in a smooth and secure manner without you having to re-enter your details
• Analytical Performance Cookies: These cookies are used by us and/or our business partners to analyze how the Website are used, including for example how users navigate through the Website. The cookies also let us monitor how the Website is performing. These cookies do not let us identify users (the information collected is anonymous) and we combine the information which they provide us. We use this information to maintain, operate and continually improve the Website.
• Functionality Cookies: These cookies let us operate certain functions of the Website in line with the choices you make. These cookies mean that when you come back to the Website we can provide you with our services as you have asked for them to be provided, such as knowing your user name, remembering how you have customised our services.

Our website uses Google doubleclick, adwords and analytics cookies across a 30-day window. These are used to determine user behaviour across the website and serve appropriate adverts through display and remarketing to visitors and customers of our website.

How to disable cookies?

If you want to prevent our website from capturing data about your visits, you will need to change your website browser settings to ‘block’ cookies, but please be aware that this may restrict your user experience. To do this, these settings will typically be found in the “option” or “preferences” menu on your internet browser.

We process and store information (including Personal Data) in the United States of America (“USA"), and may also do this in the European Economic Area (“EEA"). We may also transfer your information to other countries where our service providers operate facilities.

In the situation where our sub-processors are not established in the US, EEA, the UK, or Switzerland, or otherwise process Personal Data outside the US, EEA, the UK, and Switzerland, we take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with applicable data protection laws and this Privacy Policy.

If you are a resident of the EEA, the UK, or Switzerland in the meaning of GDPR, we use a variety of legal mechanisms to help ensure your Personal Data and rights are protected. We ensure that the recipient of your Personal Data offers an adequate level of protection and security, for instance by entering into the appropriate back-to-back agreements and, if required, standard contractual clauses or an alternative mechanism for the transfer of data as approved by the European Commission (Art. 46 GDPR) or other applicable regulators. Where explicitly required by applicable law, we will only share, transfer or store your Personal Data outside of your jurisdiction with your prior consent.

We neither rent nor sell your Personal Data to any third party. However, we may share such Personal Data with your consent or as necessary with third parties as described below.

1. Trusted Third Parties:

We employ other companies and people to either perform tasks on our behalf or to provide specific features to you at your request. Unless we tell you otherwise, such third parties do not have any right to use the Personal Data we share with them beyond what is necessary to assist us. This includes third-party companies and individuals employed by us to facilitate our Website or Services, including the provision of maintenance services, sales and marketing applications, database management, web analytics, and general improvement of the Website or Services.

2. Protection of DigiFabster and Others:

We may be compelled to access, read, preserve and/or disclose any information to (i) comply with applicable law or court order; (ii) enforce or apply our Website Terms of Use, EULA or other agreements with you in our sole discretion; or (iii) protect the rights, property, or safety of DigiFabster, our employees, our users, or others in our sole discretion. We may send information to fraud protection and credit risk reduction agencies, but only in a manner limited to and consistent with that specific purpose.

3. Actual or Potential Buyer:

We may disclose your Personal Data to an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger, or acquisition of any part of our business, provided that we inform the buyer it must use such data only for the purposes disclosed in this Privacy Policy.

4. With your Consent:

Except as set forth above, you will be notified when your Personal Data may be shared with third parties and will be able to object to the sharing of this information.

DigiFabster implements appropriate technical and organizational measures to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

Our Website or Services are not directed to persons under the age of 16. We neither knowingly allow such persons to register for the Website or Services on our Website nor knowingly collect Personal Data from children under 16. No one under age 16 may provide any Personal Data to us or on the Website or Services.

If a parent or guardian becomes aware that their child has provided us with Personal Data without the parent’s consent, they should contact us at hello@digifabster.com. If we become aware that a child under 16 has provided us with Personal Data, we will take steps to delete such information from our systems.

You have the right to access your Personal Data at any time (see Section 9 regarding your rights). If you are a Customer User you can access and, in some cases, edit or delete the following information you’ve provided to us through your DigiFabster account by yourself:

• Name and Password
• Email Address
• Company Name
• Position in Company
• Location

The information a Customer User can view, update, and delete may change. If you have any questions about viewing or updating information we have on file about you, please contact us at hello@digifabster.com.

Regarding your further rights concerning your Personal Data, please see below Section 9.

In relation to your Personal Data, you always have the following rights to the extent available under applicable law:

• Right to obtain information about the processing of your Personal Data;
• Right to obtain access to your Personal Data;
• Right to rectify inaccurate Personal Data concerning you;
• Right to erase your Personal Data;
• Right to restrict processing of your Personal Data;
• Right to receive Personal Data you provided to us and which concerns you and transmit this received Personal Data to another provider;
• Right to object to any data processing that is based on our legitimate interest;
• Right not to be subject of a decision solely based on automated processing including profiling; and
• Right to complain to a data protection authority.

When you update your Personal Data, we may maintain a copy of the original data in our records (to the extent permitted by applicable law).

We will retain your information for as long as your use of the Website and Services, or your customer account is active, or as reasonably necessary to provide our customers with the Services (and there may be specific terms in any applicable contracts which deal specifically with our data retention obligations). Please note that some information may remain in our private records after your deletion of such information from your account (only if and to the extent permitted by applicable law). We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may use any aggregated and de-identified data derived from or incorporating your Personal Data after you update or delete it, but not in a manner that would identify you personally.

If you wish to exercise any of these rights, please contact us at hello@digifabster.com.

We may amend this Privacy Policy from time to time and provide the new information to you on our Website. Please review this document occasionally to familiarize yourself with any changes.

1. Personal Information

The personal information that we collect is described in Section 3 above (“What Information Does DigiFabster Collect?"). This section manages that information around the personal information categories set forth in the California Consumer Privacy Act (“CCPA”):

• Identifiers, including for example the name, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. We obtain such information when you provide it to us (or from Customer Users) or otherwise automatically in the course of your interactions with our Services.

• Internet or other electronic network activity information, including for example information regarding interactions with our Website and/or Services. We obtain this information automatically in the course of your interactions with our Services.

• Inferences, including your preferences, likelihood of interest in certain of our Services.

We use and disclose, to the categories of third parties listed above, personal information for various business purposes, including providing the Website and Services, processing and managing interactions and transactions, quality assurance, security, debugging, research and development, and marketing.

In addition, we may collect, use and disclose your personal information as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.

2. No Sale of Personal Information

We do not sell personal information that we collect either from you or from Customer Users. In addition, we do not share personal information with third parties for their own direct marketing purposes.

3. Do Not Track

“Do Not Track" or “DNT" is a browser setting that users can set in their web browsers. When a user turns on the “DNT" signal in the web browser, the browser sends a message to websites requesting them not to track the user. Since uniform standards for “DNT" signals have not been adopted, our Website does not currently process or respond to “DNT" signals. In addition, some of our third-party service providers may use standard technology, such as cookies, pixel tags, and web beacons, to collect information about internet activities. We will continue to monitor developments around DNT browser technology and the implementation of such a standard.

4. Consumer Rights under CCPA

In accordance with the CCPA, and subject to exceptions, California consumers (as that term is defined in the CCPA) have the following rights:

• Right to know: you have the right to request that we provide you with the categories of your personal information (as that term is defined in the CCPA) that we have collected about you over the past 12 months, or the specific pieces of personal information we have collected about you;

• Right to request deletion: you have the right to request that we delete the personal information that we have collected from you, except where the law allows a business to maintain a consumer’s personal information.

• Right to opt-out: you have the right to opt-out of the sale of your personal information, but as stated above, DigiFabster does not sell your personal information.

• Right of non-discrimination: you have the right to not be discriminated against, including but not limited to the right not to be charged a different price for our services or denying you access to our services, based on your decision to exercise any of your rights in this section.

You may exercise your rights by sending a request to hello@digifabster.com.

Under the CCPA, you may exercise these rights yourself, or you may designate an authorized agent to make these requests on your behalf. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity.

To verify your identity, we will send a verification email to the email address we have on file for you. If we cannot verify your identity, then we shall not disclose any specific pieces of personal information in response to an access request, and we shall deny your request to delete personal information in response to a deletion request.

For requests to delete your information, DigiFabster shall use a two-step process where you must first, clearly submit the request to delete and then second, separately confirm that you want such personal information to be deleted.

In accordance with the CCPA, you may have an authorized agent make an access or deletion request on your behalf, provided that such authorized agent has your written permission, and that you are able to verify your own identity directly with DigiFabster.

In compliance with applicable law, DigiFabster commits to resolving complaints about your privacy and our collection or use of your Personal Data promptly. Individuals with inquiries or complaints regarding this Privacy Policy should contact DigiFabster at hello@digifabster.com.

We will make every effort to resolve your concerns fully and in a timely manner.

In the US, the regulatory agency with the authority to investigate and resolve claims should you consider our practices to be unfair or deceptive is the United States Federal Trade Commission.

In the EEA, you can approach any supervisory authority that is competent under the General Data Protection Regulation. If you are resident in the EEA, the contact details for data protection authorities are available here.

If you are resident in the UK, the contact details for the Information Commissioner's Office are available here.

If you are resident in Switzerland, the contact details for the data protection authorities are available here.

However, we encourage you to contact us first at hello@digifabster.com, and we will do our very best to resolve your concern.

Updated: February 2023