YOUR CONSENT IS KEY
LET’S DEFINE “PERSONAL INFORMATION”
- Identifiers (e.g., name, email address, username, phone number, IP address);
- Protected Information (e.g., race, citizenship, marital status, sex);
- Biometric information (e.g., health data, gait or physical movements, face/voice prints) and audio, electronic, visual, thermal, olfactory, or similar information;
- Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
- Employment-related information (e.g., current or past employment);
- Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99);
- Sensitive Personal Information (e.g., social security or government identification number; precise geolocation; racial or ethnic origin; religious beliefs; biometrics; health information; information related to sex life or sexual orientation; union membership; contents of mail, email or text messages when we are not the recipient);
- Internet activity (e.g., interactions with a website, content, or advertisement); or
- Inferences drawn from Personal Information to create a profile about preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, and aptitudes.
Not all information is personal, such as (i) publicly available information; (ii) aggregated information, meaning data about a group or category of services or users from which individual identities and other Personal Information has been removed; or (iii) deidentified information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular consumer.
FREEYA IS NOT FOR KIDS
Freeya is designed for adults, not children. You must be 18 or older to use Freeya or our other Services. We do not knowingly collect Personal Information from anyone under age 18. If we discover that a minor has provided us with Personal Information, we will delete their information from our systems. If you believe we might have any information collected online from a child under 18, or if you become aware of any unauthorized submission of information to, please notify us at firstname.lastname@example.org.
HOW WE COLLECT AND USE PERSONAL INFORMATION
We collect your information so you can use Freeya or other Services you request. We only collect Personal Information when we have a lawful basis, like your consent, if we have a legitimate interest, or as authorized or required by law. We only collect, use, retain and share Personal Information as reasonably necessary and proportionate to achieve our purposes, or for other purposes that we disclose to you and are compatible with the context of how we collected the Personal Information.
In the preceding 12 months, Freeya has collected Personal Information in the categories of identifiers, commercial information, and internet activity from these sources:
- Site visits (with consent).If you inquire about Freeya by visiting our Site or contacting us, we will collect your name, email address and other contact information as needed to provide you with the information you request. We collect this information with your consent, and we use it for the purposes stated at the time of collection and to communicate with you or send you marketing information according to your stated communication preferences. We may post User testimonials and comments on our Site upon written notice to you, which may contain Personal Information. You have the right to request removal of such testimonial and/or comment(s) upon receiving our written notice.
- User registration (with consent).To make Posts or arrange Pick Ups on Freeya, you must first register and create a User Account that includes your first and last name, email address, phone number, payment information (via a PCI-DSS compliant payment processor), and physical address, as well as other identifying information. Users will be asked to verify their email and phone as part of the registration process. If you choose to link your User Account to a third-party account (such as your Google or Facebook account), we will collect and use information from the third-party account based on your permissions and the third-party’s practices. We collect this information with your consent and we use it to provide you with Freeya and our other Services.
- User Posts and messages (with consent).If you make Posts, send a message to arrange Pickups or communicate with other Users, or submit any other content to the Services, we will collect data from your activity including your commercial history, internet and similar activity, and any other Personal Information that you choose to submit. We collect this information with your consent or to achieve our legitimate interest of providing and improving the Services. We use this information for verification purposes, to facilitate your Posts and Pickups, and to provide and monitor use of the Services.
WHEN WE DISCLOSE PERSONAL INFORMATION.
In the preceding 12 months, Freeya has disclosed for a business purpose all of the categories of Personal Information that we collected to the following recipients:
- Other Users.If you make or respond to a Post, arrange a Pickup, or participate in User-to-User matchmaking, other Users with whom you engage may see Personal Information in your User Account. To access your Personal Information, a User must request access via your Posts and through your User Accounts. Other Users can access any information you share with them by way of direct message or that you publish in any Posts. You consent to these disclosures by participating in these Services features. Be careful what you share in Posts and messages, as other Users may have access to that information and can save it. You are responsible for the information you share with other Users.
- Our Service Providers.We use service providers like data hosting, analytics, customer support, and communication services to provide our Services and certain features. We may disclose Personal Information to our service providers as needed to perform their contractual obligations to us. The type of information that we provide to a Service Provider will depend on the service that they provide to us. We explicitly require all of our service providers to acknowledge and adhere to our data handling policies and applicable regulations and laws.
- Law Enforcement.We reserve the right to disclose your Personal Information to law enforcement or other government agencies as permitted or required by law.
- Other Third Parties.We may disclose your Personal Information to other third parties in certain circumstances as permitted by applicable law, for example: (i) if we go through a business transition (e.g., merger, acquisition, or sale of a portion of our assets); (ii) to comply with a legal requirement or a court order; (iii) when we believe it is appropriate in order to take action regarding illegal activities or prevent fraud or harm to any person; (iv) to exercise or defend our legal claims; or (v) for any other reason with your consent. Additionally, Freeya reserves the right to disclose account information to others as necessary to determine if a User has used the Services appropriately or maliciously, such as Posting items using another’s address without their permission.
- Aggregated and Deidentified Information.Freeya reserves the right to disclose aggregated, anonymized, or deidentified information about any individuals with non-affiliated entities for marketing, advertising, research or other purposes, without restriction.
HOW LONG WE RETAIN PERSONAL INFORMATION
Freeya retains Personal Information for as long as it is necessary to achieve our purposes of collection, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). For example, we retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created. If you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last logged into your User Account. Other types of data are retained and disposed of according to our company policies.
We reserve the right to retain Personal Information for longer if needed for our compliance or internal business purposes. When we have no ongoing legitimate business need for Personal Information, we will securely delete or anonymize it. Personal Information stored in our archives will be securely deleted the next time we access it in the ordinary course of business.
Cookies are small text files downloaded and stored on your computer or mobile device when you visit or use an online platform. Cookies help the platform recognize your device, store your preferences, or perform certain functions for the platform. Cookies are generally used for functionality, security, analytics, or advertising. Some cookies are strictly necessary to the function of the website or other platform, while others enable certain features. We use the following cookies on the Services:
- Essential: Heroku (website hosting), Render (website hosting), Twilio (phone verification)
- Functionality: Mail Chimp (email notices), Papertrail (transactional emails), Postmark (transactional emails), Stripe (payment processing), New Relic (server error tracking), Sentry (browser error tracking)
- Analytics: Google (Site analytics), Papertrail (server logs)
YOU CAN CONTROL YOUR DATA ON FREEYA.
Depending on where you live or are located, you may have certain rights over your Personal Information that we collect and retain. We will facilitate your exercise of those rights as described in this section.
- Your Account.You can login to your User Account to access or update your Personal Information, adjust your privacy settings, or submit a deletion request.
- Texting.If you provide us with your wireless phone number, you consent to Freeya sending you informational or service text messages. For all text messages, the number of texts you receive will depend on the Services you use and the information you request from us. You can unsubscribe from our text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.
- Block Location Tracking.You can stop all collection of information by an application by uninstalling it. You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. You can stop all collection of precise location data through an application by uninstalling the application or withdrawing your consent through your device settings. You will lose some functionality of the Services if you block location tracking.
- Do Not Track.Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser “do-not-track” requests.
- Privacy Requests.If you wish to exercise your privacy rights beyond the methods described above, or if you want to express concerns, lodge a complaint, or request information, please submit a request to email@example.com. We can only fulfill a request when we have sufficient information to verify that the requester is the person or an authorized representative of the person about whom we have collected Personal Information, and to properly understand, evaluate, and respond to the request. We endeavor to respond to privacy requests as required by the law of your jurisdiction, subject to statutory exceptions and limitations. We do not charge a fee to respond to a request unless we have legal grounds to do so. If we determine that your request warrants a fee, we will tell you why and provide you with an estimate before completing your request.
California and Other U.S. States.
This section provides the notices related to the California Consumer Privacy Act of 2018 (“CCPA”) and notices for residents of Virginia, Colorado, Nevada, Utah, and other U.S. states with laws providing similar protections. Please note that Freeya is not currently governed by the CCPA, and certain other U.S. laws may not apply in whole or in part. As such, these notices are provided as a courtesy for residents of the State of California and other states to the extent the same legal protections apply (each a “Consumer”). Consumers may exercise their privacy, subject to our receipt of a verifiable request and any exceptions or limitations that apply:
- Right to Disclosure.You may request that we disclose information to you about our collection and use of your Personal Information, such as: (1) the categories of Personal Information we have collected about you; (2) the categories of sources for the Personal Information we have collected about you; (3) our business purpose for collecting or selling that Personal Information; (4) the categories of third parties with whom we share that Personal Information; and (5) if we sold or disclosed your Personal Information for a business purpose, two separate lists stating: (A) sales, identifying the Personal Information categories that each category of recipient purchased; and (B) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. Under the CCPA, we are only required to respond with respect to activities over the past 12 months and only to two disclosure requests within a 12-month period.
- Right to Correct.You have the right to request that we correct inaccurate Personal Information about you on our systems. If you become aware that the Personal Information that we hold about you is incorrect, or if your information changes, please inform us and we will update our records.
- Right to Access.You have the right to request that we provide you with access to specific pieces of Personal Information we have collected about you (also called a data portability request). If you submit an access request, we will provide you with copies of the requested pieces of Personal Information in a portable and readily usable format. Please note that we are prohibited by law from disclosing copies of certain pieces of Personal Information because the disclosure would create a substantial, articulable, and unreasonable risk to the security of the information, our business systems, or your account. Under the CCPA, we are only required by law to respond to access requests covering the prior 12 months and only two requests within a 12-month period.
- Right to Deletion.You have the right to request that we delete any of your Personal Information that we collected from you and retained, with certain exceptions. We may permanently delete, deidentify, or aggregate the Personal Information in response to a request for deletion. If you submit a request to delete your Personal Information, we will confirm the Personal Information to be deleted prior to its deletion, and we will notify you when your request is complete.
- Right to Opt-Out of Profiling.The Services may process your Personal Information to curate the content you see or notify you of Posts that we believe will interest you. You can opt-out of this type of processing by adjusting your User Account settings or contacting firstname.lastname@example.org.
- Right to Nondiscrimination.We will not discriminate against you for exercising any of your legal rights. Unless permitted by law, we will not: (1) deny you goods or services; (2) charge you different prices or rates for goods or services; (3) provide you a different level or quality of goods or services; or (4) retaliate against you as an employee, applicant for employment, or independent contractor for exercising your privacy rights; or (5) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under privacy law.
- Right to Disclosure of Marketing Information.California’s Shine the Light Act (Civil Code sections 1798.83-1798.84) entitles California residents to request certain disclosures regarding Personal Information sharing with affiliates and/or third parties for marketing purposes.
Consumers may take many of the actions described above by logging into their account and changing their profile information or settings or by submitting a request to email@example.com.
EU and UK Data Subjects.
This section provides the disclosures and notices required under the General Data Protection Regulation (“GDPR”) and its counterpart regulation applicable to residents of the United Kingdom. This section applies solely to residents of the European Economic Area (“EEA”) and the United Kingdom (“Data Subjects”). Most of our privacy practices are as a controller, but when we facilitate Posts and Pickups for Users we act as a processor. Data Subjects have the following rights over their Personal Information, subject to applicable limitations:
- Right to access your Personal Information.Upon request, we will provide you with a copy of your Personal Information and details about the types of Personal Information we process, why we process it, and any third parties we work with to collect Personal Information on our behalf. We may have one or more legally valid reasons to refuse your request in whole or in part, for example, to protect the rights of other individuals.
- Right to restrict processing of your Personal Information.You can request that we restrict the processing of your Personal Information if: (1) the data is inaccurate; (2) the processing is unlawful; (3) we no longer need the Personal Information; or (4) you exercise your right to object.
- Right to rectify your Personal Information.If you become aware that the Personal Information that we hold about you is incorrect, or if your information changes, please inform us and we will update our records.
- Right to data portability.In some circumstances, we are required to provide your Personal Information to another organization at your request and in a structured, commonly used and machine-readable format.
- Right to erasure (a.k.a. the “right to be forgotten”).Upon your request, we must delete your Personal Information in certain circumstances and where required by law. This right is not absolute, and we may be entitled to retain and process your Personal Information despite your request. If you make this request, we balance certain legal, contractual, and business interests against your right to request the deletion of your Personal Information.
- Right to object to certain processing of your Personal Information.Upon your request, we will limit our processing of your Personal Information as you request in certain circumstances and where we are required to do so by law.
- Right not to be subject to automated decision-making.Freeya does not use automated decision-making to provide the Services. We do not engage in any automated processing that produces legal effects or similarly significantly affects a Data Subject. If this changes in the future, we will update this posting to describe our use of automated decision-making and your options to exercise your privacy rights related to your Personal Information processed using automated decision-making.
- Right to lodge a complaint with a supervisory authority.Data Subjects can submit requests, questions, or complaints to Freeya using the methods described under Privacy Requests. If, after contacting us, you feel a privacy issue has not been resolved, you have the right to file a complaint with a supervisory authority. We suggest the Data Protection Commissioner of Ireland.
Data Subjects can exercise these rights by submitting a privacy request to firstname.lastname@example.org.
Canadian Privacy Rights.
This section provides the disclosures and notices required under Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) and solely to residents of Canada where PIPEDA applies (“Canadian Consumers”). PIPEDA gives Canadian Consumers specific rights regarding Personal Information offering details on an identifiable person without the inclusion of name, title, telephone number, and business address of an employee of a business or organization. The rights afforded under PIPEDA are described below.
- Right to accuracy of your Personal Information. We take steps to reasonably ensure that your Personal Information we are using is accurate. If you become aware that the Personal Information that we hold about you is incorrect, or if your information changes, please inform us and we will update our records.
- Right to access your Personal Information. Upon written request and identity authentication, we will provide you with your Personal Information under our control, information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed. We will make the information available within 30 days or provide written notice where additional time is required to fulfil the request. We may not be able to provide access to some or all of the Personal Information you request if limited by law or potential infringement of another’s privacy rights. If we must refuse an access request, we will notify you in writing, document the reasons for refusal, and outline further steps that are available to you.
Canadian Consumers may exercise these rights by submitting a privacy request to email@example.com.
Australia and New Zealand.
This section provides the disclosures and notices required if you are a citizen of Australia or New Zealand.
- Australia.If you are a citizen of Australia, your personal information is protected by the provisions of Australia’s Privacy Act of 1988, and its regulations. For more information regarding your privacy rights under Australia’s Privacy Act of 1988 you may contact the Office of the Australian Information Commissioner (OAIC).
- New Zealand.If you are a citizen of New Zealand, Your personal information is protected by the provisions of New Zealand’s Privacy Act of 1993, and its regulations. For more information regarding your privacy rights under New Zealand’s Privacy Act of 1993, you may contact the Office of the New Zealand Privacy Commissioner.
CROSS-BORDER DATA TRANSFERS
Freeya owns and operates the Services in the United States. We do not warrant that the Services are appropriate or authorized for use in any other country. If you use the Services from outside of the United States, Personal Information we collect about you will be transferred to our servers in the United States. This may require the transfer of your Personal Information out of your country of origin with laws governing data collection and use that may differ from or be more restrictive than U.S. law, or may result in governments, courts, law enforcement or regulatory agencies having access to or obtaining disclosure of your Personal Information pursuant to the laws of the applicable foreign jurisdiction.
We employ legally valid transfer mechanisms for all cross-border transfers of Personal Information. To the extent that we are deemed to transfer Personal Information from the European Economic Area to other jurisdictions, we do so on the legal basis that such transfer is necessary to provide you with the Services you have chosen to use.
OUR DATA SECURITY
We implement reasonable and appropriate security procedures and practices to help protect your Personal Information from unauthorized or illegal access, destruction, use, modification, or disclosure. Procedures and practices by which we protect your Personal Information include, but are not limited to, encryption of information using secure socket layer technology (SSL), deletion and de-identification of data, secure messaging services, a designated Freeya security coordinator, and periodic internal audits. Our employees, contractors, and agents responsible for handling privacy inquiries are informed of applicable legal requirements and we restrict access to those who need that information to process it.
Please note, however, that no transmission of data over the Internet or mobile platforms is 100% secure, and we cannot guarantee that unauthorized third parties will not defeat our security measures or use your Personal Information for improper purposes. The security of your Personal Information also depends on how you use the Services. We encourage you to take steps to safeguard your Personal Information by signing off your device after use and keeping your login and password private. We are not responsible for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized activity.
OTHER WEBSITES AND SERVICES
The Services may include links third-party websites or platforms for your convenience, but we have no ability to control, and we are not responsible for, the privacy and data collection, use, and disclosure practices of third parties. Freeya is not responsible for the privacy practices of any third party, and your access to and use of third-party websites is governed by the privacy notices of those websites.