Privacy Policy

This Privacy Policy was last updated on 10/26/20.

We at Figment Inc. ("Figment", "we", "us") respect your privacy and want you to understand how we collect, use, and share data about you. This Privacy Policy covers our data collection practices and describes your rights to access, correct, or restrict our use of your personal data.

This Privacy Policy applies when you create a DataHub Account ("DataHub Account") and/or submit any other personal information to Figment.

You require a DataHub Account to access DataHub and to complete a blockchain pathway on Figment Learn ("Pathway").

By creating a DataHub Account or submitting any personal information to Figment, you automatically agree to the terms of this Privacy Policy. You cannot create a DataHub Account or submit any personal information to Figment unless you agree with this Privacy Policy.

1. What Data We Collect

We collect certain data from you directly, like information you enter yourself, data about your participation in DataHub and Figment Learn, your email address, and data from third-party platforms you connect with Figment (if any). We also collect some data automatically, like information about your device and what parts of DataHub or Figment Learn you interact with or spend time using.

1.1 Data You Provide to Us

We may collect different data from or about you depending on how you access and use DataHub or Figment Learn. Below are some examples to help you better understand the data we collect.

When you create a DataHub Account, access, and use DataHub or Figment Learn, including through a third-party platform (as applicable), we may collect any data you provide directly, including:

The data listed above is stored by us and associated with your DataHub Account.

1.2 Data We Collect through Automated Means

When you create a DataHub Account, access or use DataHub or Figment Learn, we may automatically collect certain data, including:

The data listed above may be collected through server log files and tracking technologies, as detailed in the "Cookies and Collection Tools" section below. It may be stored by us and associated with your DataHub Account.

2. How We Collect Your Data

We may use tools like cookies, web beacons, analytics services, and advertising providers to gather the data listed above. Some of these tools may offer you the ability to opt-out of the data collection.

2.1 Cookies and Data Collection

Figment and any service providers acting on our behalf (like Google Analytics and third-party advertisers) may use server log files and automated Collection Tools like cookies, tags, scripts, customized links, device or browser fingerprints, and web beacons (together, "Collection Tools") when you access and use DataHub or Figment Learn. These Collection Tools track and collect certain System Data and Usage Data (see Section 1) when you use Figment Learn. In some cases, we tie data gathered through those Collection Tools to other data that we collect as described in this Privacy Policy.

We may use cookies for things like analyzing your use of DataHub or Figment Learn, personalizing your experience, making it easier to log into DataHub or Figment Learn, and recognizing you when you return. We may use web beacons for things like identifying whether a page was visited, identifying whether an email was opened, and advertising more efficiently by excluding current users from certain promotional messages or identifying the source of a new mobile app download.

Figment may use the following types of cookies:

• Preferences: cookies that collect data about your browser and preferred settings that affect the appearance and behavior of DataHub and Figment Learn (like preferred language).

• Security: cookies used to enable you to log in and access DataHub and Figment Learn; protect against fraudulent logins; and help detect and prevent misconduct or unauthorized use of your DataHub Account.

• Functional: cookies that store functional settings (like the volume level you set for video playback).

• Session State: cookies that track your interactions with DataHub and Figment Learn to help us improve DataHub and Figment Learn and your browsing experience, remember your login details, and otherwise.

2.2 Analytics

We may use third-party analytics services like Google Analytics on DataHub and Figment Learn. These services may use Collection Tools to help us analyze your use of Figment Learn, including information like the third-party website you arrived from, how often you visit, and usage and performance data, among others. We use this data to improve DataHub and Figment Learn and the experiences of Users and Contributors.

2.3 Online Advertising

We may use third-party advertising services to advertise about DataHub and Figment Learn on websites and applications you use. The ads may be based on things we know about you, like your Usage Data and System Data (as detailed in Section 1), and things that these ad service providers know about you based on their tracking data. The ads can be based on your recent activity or activity over time and across other sites and services, and may be tailored to you.

Depending on the types of advertising services we use, they may place cookies or other tracking technologies on your computer, phone, or other device to collect data about your use of DataHub and Figment Learn, and may access those tracking technologies to serve these tailored advertisements to you. To help deliver tailored advertising, we may provide these service providers with a hashed, anonymized version of your email address and content that you share on DataHub and Figment Learn.

3. How We Use Your Data

We use your data to do things like provide DataHub and Figment Learn, communicate with you, troubleshoot issues, secure against fraud and misconduct, improve and update DataHub and Figment Learn, analyze how people use DataHub and Figment Learn, serve targeted advertising, and as may be otherwise required by law or necessary for safety and quality.

We may use the data we collect through your access to and use of DataHub and Figment Learn to:

• Provide and administer DataHub and Figment Learn;

• Communicate with you about your DataHub Account by:

  • Responding to your questions and comments;

  • Sending you administrative messages and information; and

  • Sending you information and in-app messages about your progress on DataHub and Figment Learn;

• Manage your DataHub Account preferences;

• Facilitate the functioning of DataHub and Figment Learn;

• Solicit feedback from Users and Contributors;

• Learn more about you by linking your data with additional data through third-party data providers or analyzing the data with analytics service providers;

• Identify unique users and tailor advertisements across devices;

• Improve and expand on DataHub and Figment Learn;

• Analyze trends, traffic, and usage;

• Advertise DataHub and Figment Learn on third-party websites and applications;

• As required or permitted by law; or

• As we, in our sole discretion, otherwise determine to be necessary to ensure the safety or integrity of our users, employees, third parties, or DataHub and Figment Learn.

4. Sharing Your Data

We may share data about you with companies performing services for us, our business partners, analytics and data enrichment providers, and advertising companies who help us promote DataHub and Figment Learn. We may also share your data as needed for security, legal compliance, or as part of a corporate restructuring. Lastly, we may share your data in other ways if it is aggregated or de-identified or if we get your consent.

We may share your data with third parties under the following circumstances or as otherwise described in this Privacy Policy:

• With Service Providers, Contractors, and Agents: We may share your data with third-party companies who perform services on our behalf, data analysis, advertising services, email and hosting services, and customer services and support. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service.

• With Business Partners: We may have agreements with other websites and platforms to distribute DataHub and Figment Learn and encourage traffic to Figment. For example, we may work with Amazon Web Services Inc. in Canada and the USA, and similar companies elsewhere. Depending on your location and how you use DataHub and Figment Learn, we may share your data with these partners.

• With Analytics and Data Enrichment Services: As part of our use of third-party analytics tools and data enrichment services like Google Analytics, we may share certain contact information, Account Data, System Data, Usage Data (as detailed in Section 1), or de-identified data as needed. De-identified data means data where things are removed like your name and email address and replaced it with a token identification. This allows these providers to provide analytics services or match your data with publicly-available database information (including information from other sources).

• For Advertising: If we decide to offer advertising in the future, we may use and share certain System Data and Usage Data with third-party advertisers and networks to show general demographic and preference information among our users. We may also allow advertisers to collect System Data through Collection Tools (as detailed in Section 2.1), and to use this data to offer you targeted ad delivery to personalize your user experience (through behavioral advertising) and undertake web analytics. Advertisers may also share with us the data they collect about you. To learn more or opt-out from participating ad networks' behavioral advertising, see Section 6.1 (Your Control Over Uses of Your Data) below. Note that if you opt-out, you may continue to be served generic ads.

• For Security and Legal Compliance: We may disclose your data to third parties if we (in our sole discretion) have a good faith belief that the disclosure is:

  • Permitted or required by law;

  • Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding;

  • Required as part of a valid subpoena, warrant, or other legally-valid request;

  • Required or helpful to enforce our Terms of Use, Privacy Policy, and other legal agreements;

  • Required or helpful to detect, prevent, or address fraud, misconduct, misuse, potential violations of law (or rule or regulation), or security or technical issues; or

  • Required or helpful in our discretion to protect against harm to the rights, property, or safety of Figment, our Users, Contributors, employees, the public, or Figment Learn.

  • We may also disclose data about you to our auditors and legal advisors in order to assess our disclosure obligations and rights under this Privacy Policy and at law.

• During a Change in Control: If Figment undergoes a business transaction like a merger, combination, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale, license or transfer of all or some of its assets, we may share, disclose, assign, or transfer and or all of your data to the successor or assignee organization during such transaction or in contemplation of a transaction (including during due diligence).

• After Aggregation/De-identification: we can disclose or use aggregate or de-identified data for any purpose.

• With Your Permission: with your consent, we may share data to third parties outside the terms of this Privacy Policy.

5. Security

We may use security based on the type and sensitivity of data being stored.

Figment may take security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal data that we collect and store. These measures vary based on the type and sensitivity of the data. However, we cannot guarantee that communications between you and Figment or any information provided to us in connection with the data we collect through DataHub and Figment Learn will be free from unauthorized access by third parties. Your password is an important part of our security system, and it is your responsibility to protect it. You should not share your password with any third party, and if you believe your password or DataHub Account has been compromised, you should change it immediately and contact us.

6. Your Rights

You have rights around the use of your data, including the ability to opt-out of some emails, cookies, and collection of your data by certain analytics providers. You can update or terminate your DataHub Account from within DataHub and Figment Learn, and can also contact us for individual rights requests about your personal data. Parents who believe we've unintentionally collected personal data about their underage child should contact us for help deleting that information.

Your Control Over Uses of Your Data

To stop receiving promotional communications from us, you can opt-out by using the unsubscribe mechanism in the promotional communication you receive or by changing the email preferences in your DataHub Account. Note that regardless of your email preference settings, we may send you messages regarding Figment Learn.

The browser or device you use may allow you to control cookies and other types of local data storage. Your wireless device may also allow you to control whether location or other data is collected and shared.

To get information and control cookies used for tailored advertising from participating companies, see the consumer opt-out pages for the Network Advertising Initiative and Digital Advertising Alliance, or if you're located in the European Union, visit the Your Online Choices site. To opt-out of Google's display advertising or customize Google Display Network ads, visit the Google Ads Settings page.

To opt-out of allowing Google Analytics to use your data for analytics or enrichment, see the Google Analytics Opt-out Browser Add-on.

If you have any questions about your data, our use of it, or your rights, please contact us.

6.1 Accessing, Updating, and Deleting Your Personal Data

You can access and update your personal data that Figment collects and maintains as follows:

• To update data you provide directly, log into your DataHub Account and update your DataHub Account at any time.

• To terminate your DataHub Account:

  • Visit your profile settings page and follow the steps detailed.

  • If you have any issues terminating your DataHub Account, contact us.

  • Please note: even after your DataHub Account is terminated, some or all of your data may still be visible to others, including without limitation any data that has been (a) copied, stored, or disseminated by other users (including in interactive sections of DataHub and Figment Learn); (b) shared or disseminated by you or others (including in your shared content); or (c) posted to a third-party platform. Even after your DataHub Account is terminated, we may retain your data for as long as we have a legitimate purpose to do so (and in accordance with applicable law), including to assist with legal obligations, resolve disputes, and enforce our agreements. We may retain and disclose such data pursuant to this Privacy Policy after your DataHub Account has been terminated.

• To request to access, correct, or delete your personal data, email us or write to us at using the contact information provided below. Please allow up to 30 days for a response. We may require that the request be sent through the email address associated with your DataHub Account, and we may need to verify your identity before implementing your request. Please note that we may retain certain data where we have a lawful basis to do so, including for mandatory record-keeping and to complete transactions.

6.2 Policy Concerning Children

We recognize the privacy interests of children and encourage parents and guardians to take an active role in their children's online activities. Children under 13 (or under 16 in the European Economic Area) should not use Figment Learn. If we learn that we've collected personal data from a child under those ages, we may take reasonable steps to delete it.

Parents who believe that Figment may have collected personal data from a child under those ages can submit a request that it be removed by contacting us.

7. Jurisdiction-Specific Rules

If you live in California, you have certain rights related to accessing and deleting your data, as well as learning who we share your data with. If you live in Australia, you have the right to make a formal complaint with the appropriate government agency. Users and Contributors outside of the United States should note that we may transfer data to the US and other areas outside of the European Economic Area.

7.1 Users in California

Users and Contributors who are California residents may have certain rights under the California Consumer Privacy Act, ("CCPA"). If you are an eligible California User or Contributor, included in these rights are:

• Right to Know — You have the right to request to know more about the categories and specific pieces of personal information that we have collected about you and access a copy of your personal information.

• Right to Deletion — You have the right to request the deletion of personal information that we have collected about you.

• Right to Non-Discrimination — If you choose to exercise any of your rights under CCPA, Figment will treat you like all other users. In other words, there is no penalty for exercising your rights under CCPA.

To exercise any of these rights under CCPA, please contact us. As part of the CCPA you may designate an authorized agent to make these requests on your behalf. We may require that the request be sent through the email address associated with your DataHub Account, and we may need to verify you and/or your agent's identity before fulfilling your request.

For more information about the personal information we collect and how we collect it, please see the sections above entitled "What Data We Collect" and "How We Collect Your Data."

To learn about the business and commercial purposes for which your personal information is collected and the categories of service providers who have access to your personal information, please see the sections above entitled "How We Use Your Data" and "Sharing Your Data With."

Most importantly, per the CCPA, Figment does not sell your personal information or the personal information of any of our Users or Contributors.

As a California resident, you may also have the right to request certain details about what personal information we share with third parties for those third parties' direct marketing purposes. To submit your request, send an email to us at the address provided below with the phrase "California Shine the Light" and include your mailing address, state of residence, and email address.

DataHub and Figment Learn may not currently recognize or respond to browser-initiated Do Not Track signals.

7.2 Users in Nevada

As is the case for all of its Users, Figment does not sell its users' personal information or personal data. Nonetheless, if you are a resident of Nevada, and would like to request that we do not sell your personal information, you can request to opt out of the sale of covered information by contacting us.

7.3 Users in Australia

If you are an Australia resident and you have a complaint, you may refer it to the office of the Australian Information Commissioner ("OAIC"). You can contact OAIC by visiting www.oaic.gov.au; forwarding an email to [email protected]; telephoning 1300 363 992; or writing to OAIC at GPO Box 5218, Sydney NSW 2001.

7.4 Users Outside of Canada

Figment is headquartered in Toronto, and in order to provide Figment Learn to you, we may transfer your data to Canada and/or the United States and process it there. By visiting or using Figment Learn, you consent to the storage of your data on servers located in Canada and the United States. You consent to the transfer, storage, and processing of your data in and to Canada, the United States, or other countries. Specifically, personal data collected in the United Kingdom ("UK"), Switzerland, and the European Economic Area ("EEA") is transferred and stored outside those areas. Additionally, if you are located in the UK, EEA, or Switzerland, you also have the right to lodge a complaint with your data supervisory authority.

That data may also be processed outside of the UK, Switzerland, and the EEA by our Figment related companies, or our service providers, including to process transactions, facilitate payments, and provide support services as described in Section 4. We may enter into data processing agreements with our service providers that restrict and regulate their processing of your data on our behalf. By submitting your data or using Figment Learn, you consent to this transfer, storage, and processing by Figment and its processors.

8. Updates & Contact Info

When we make a material change to this Privacy Policy, we may notify users via email or another method required by law. Changes become effective the day they're posted. Please contact us via email with any questions, concerns, or disputes.

8.1 Modifications to This Privacy Policy

From time to time, we may update this Privacy Policy. If we make any material change to it, we will notify you via email, through a notification posted on DataHub or Figment Learn, or as required by applicable law. We will also include a summary of the key changes. Unless stated otherwise, modifications will become effective on the day they are posted.

As permitted by applicable law, if you continue to use DataHub or Figment Learn after the effective date of any change, then your access and/or use will be deemed an acceptance of (and agreement to follow and be bound by) the revised Privacy Policy. The revised Privacy Policy supersedes all previous Privacy Policies.

8.2 Interpretation

Any capitalized terms not defined in this policy are defined as specified in Figment's Terms of Use. Any version of this Privacy Policy in a language other than English is provided for convenience. If there is any conflict with a non-English version, you agree that the English language version will control.

8.3 Questions

If you have any questions, concerns, or disputes regarding this Privacy Policy, you may contact us (including our designated personal information protection manager) at [email protected] . You can also send postal mail to us at 107 Galley Ave, Toronto, Ontario M6R 1H2, Canada.