Last Updated: November 3rd, 2022
Description of Users and Acceptance of Terms
The Information We Collect and/or Receive
In the course of operating the Website, providing the Services and/or otherwise interacting with you, Figment will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information.
For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Website.
The Information Collected by or Through Third-Party Advertising Companies
Accessing and Modifying Information and Communication Preferences
It is important that the information contained in our records is both accurate and current. If your Personal Information happens to change during the course of our relationship, please keep us informed of such changes.
In some circumstances, we may not be able to reasonably comply with your request to change your personal information and will instead append an alternative text to the record in question.
You can ask to see the Personal Information that we hold about you. If you want to review, verify, or correct your Personal Information, please contact us using the contact information provided below under “How to Contact Us”.
When requesting access to your Personal Information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the Personal Information that we hold about you. We may charge you a fee to access your Personal Information; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact us using the contact information provided below under “How to Contact Us”.
Your right to access the Personal Information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the Personal Information that we hold about you. In addition, the Personal Information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.
In the event that we cannot provide you with access to your Personal Information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.
You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Figment marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. Users cannot opt out of receiving transactional e-mails related to their transactions with Figment.
How We Use and Share the Information
You authorize us to use your Personal Information, Wallet ID, and Other Information (collectively, the “Information“) that you provide us in order to provide and improve the Website and Services; to solicit your feedback; and to market our Services to you, including by sending you communications about our Services, news, updates, and events, and managing your participation in these events. If you do not want us to send you marketing communications, you may opt out as set forth under “Accessing and Modifying Information and Communication Preferences”.
You also authorize us to use and/or share Information as described below.
Your Personal Information may be shared with our employees, contractors, consultants, affiliates, and other parties who require such information to assist us with establishing, maintaining, and managing our relationship with you. In addition, Personal Information may be disclosed or transferred to another party in the event of a change in ownership of, or a grant of a security interest in, all or a part of Figment.
We may, from time to time, share and/or license Information to other companies who may provide you information about the products and services they or their partners offer. However, to the extent required by law, you will be given the opportunity to opt-out of such sharing.
We will access, use, and share the Information as required to fulfill our contractual obligations to you or subsequent requests for Services and/or support by you.
We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
In an ongoing effort to better understand our Visitors, Users, Website, and the products and services of Figment and our promotional partners, we may analyze certain Information in anonymized and aggregate form in order to operate, maintain, manage, and improve the Website and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics in order to describe the Website and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.
We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
As we develop our businesses, we might sell or buy businesses or assets. You acknowledge and agree that in the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, we may transfer your Information to Figment’s successor entity, either after such a transaction or as part of due diligence processes while such a transaction is being contemplated. You further acknowledge and agree that in the event that the equity ownership interests in Figment are transferred to new shareholders, and in the event that Figment issues new equity interests, Figment may undergo a change of control whereby control of Figment is transferred to new person(s).
To the extent permitted by law, we may also disclose the Information: (1) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (2) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Figment or others.
How We Protect the Information
We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Website may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
The security of your Personal Information is important to us. Please advise Figment immediately of any incident where you suspect the loss of or unauthorized access to, or disclosure of, your Personal Information that is in our custody or control.
Your Consent is Important to Us
You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting Figment using the contact information provided below under “How to Contact Us”. In some circumstances, a change in or withdrawal of consent may severely limit our ability to provide products or services to, or acquire products or services from, you.
We may collect, use, or disclose your Personal Information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.
Important Notices to Non-Canada Residents
The Website and its servers are operated in Canada, the United States, and elsewhere. Please be aware that your Information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, territory, country, or other governmental jurisdiction you are located in; these international transfers of your Personal Information are made pursuant to appropriate safeguards, and, we will take suitable steps to ensure that your personal data is treated just as safely and securely as it would be within the jurisdiction you are located in. Such measures shall include, but are not limited to, having Data Processing Agreements with applicable sub-processors and ensuring that such sub-processors have adequate security and data protection procedures in place aligned with applicable privacy laws. If you are located outside of Canada and choose to use the Website, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in Canada, the United States, and elsewhere.
In addition, Figment does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
How to Contact Us