DATED: LAST UPDATED APRIL 15, 2020
Personal information of all Users is important to Fund by Cell. Fund by Cell takes the responsibility of having User's personal information very seriously. Fund by Cell will only use personal information of Users for providing and improving the System and as otherwise provided in this policy. By using the System, each User consents to the collection and use of information in accordance with this Policy.
The Fund by Cell reserves the right, at its sole discretion, to modify or replace this Policy by posting the updated version on the Site. It is each User's responsibility to check this Policy periodically for changes. The continued use of the System following the posting of any changes to this Policy constitutes equals each User's acceptance of those modifications, additions, deletions or changes.
PART 1: FUND BY CELL MAY COLLECT PERSONAL DATA
• Information that you share with us through completing Fund by Cell forms (including, for example, your name, email address, telephone number, mailing address, and country of residence). This may happen through various uses of our services including if you subscribe to our newsletters, register as a user of our Services, request any information from us, or upload or submit material through Fund by Cell;
• Information that you submit to Fund by Cell through the communications you send to us, such as when you contact us to ask for support, ask us questions, send us comments, or report a problem to us;
• The details of requests which you submit or transactions you make while using the Services;
• The details of the login and password which you create for and use in the account sign-in process;
• Information that we collect through your activity on and engagement with Fund by Cell, including, for example, your IP address, your location, what kind of device you use, and what browser you use. Please note that if you do not want us to have access to information to your location, your mobile device most likely has a setting that will allow you to disable location services. If you need support in disabling the location services feature, please contact your mobile service carrier or your device manufacturer;
• Information that you share with Fund by Cell by making comments, contributing to discussions, or sending messages to other Fund by Cell users;
• Information that is provided to us if you use the Fund by Cell Facebook feature to connect your Fund by Cell account with your Facebook account, including if you use this tool to launch your campaign on Facebook. If you do this, information we will receive from Facebook will include your public profile, friend list, and email address. This information is used to verify your identity and for additional purposes as described below; and
• Personal data of third parties, such as the names, addresses, or phone numbers of your personal contacts ("Third Party Personal Data"). This may include that if you use Fund by Cell through your mobile device, the Services may collect Personal Data from the address book on your mobile device; including without limitation email addresses and phone numbers of third parties. Fund by Cell may ask your permission to collect this data depending on the operating system that your mobile device utilizes.
PART 2: NO DIRECT POSTING ON EXTERNAL ACCOUNTS
Fund by Cell will not make any posts directly to the Facebook, Twitter, or any other third-party sites of User without express permission by the User. However, Fund by Cell shall not be responsible and disclaims any duty to monitor, stop or control any instances where a Sponsor of a Campaign makes any postings on or to social media regarding support or donations by another User.
PART 3: FUND BY CELL USE OF PERSONAL DATA
Fund by Cell may use personal information provided or gathered on Users as follows: (a) to provide secured access to the Site, such as to identify a User when accessing the Website; (b) to enable Users to use the Services of Fund by Cell; (c) to send emails, newsletters and other communications that may be of concern or interest to a User, including for example data on Projects that may be consistent with a User's prior contribution history; (d) to use geographical data of Users to send additional communications on locally relevant Campaigns; (e) to develop statistics for internal purposes, showing patterns of User activity; (f) to consider and critique the Services provided by the System by seeking feedback from Users; (g) to enable communications between Users; (h) and, for quality assurance in general; (i) to display User data on platform pages of Campaigns showing support; (j) to provide the list of contributing Users to those companies that fundraise through Fund by Cell (excluding financial credit card or banking information); (k) to email Users summaries or confirmations of account transactions of such Users; and (l) to develop target marketing to Users on the Site or related sites.
PART 4: COOKIES AND POP-UP ADS
Users may receive "cookies" or pop-up advertisements on the Site. These forms of communications and advertisements track User information, which will be used by Fund by Cell and its affiliates. Users have the right to disable many of these advertisements and instructions, but Fund by Cell reserves the right to use the tracking and other data gained from these processes unless and until they are disabled. Fund by Cell may use information gathered from each User's use of the Site to send promotional or other advertising. Each User has the right to "opt out" of receiving ads or promotions by sending a written request to [email protected], and in the subject line inserting: "Opt Out Notice".
Information collected through cookies: We will collect Personal Data from you through cookies only if you give us permission to do so . Sometimes when you use Fund by Cell, the computers that we use to host our services will send a small piece of information called a "cookie" to your web browser. We send cookies in order to improve the performance of our Services, including improving your user experience as well as allowing us to better analyze how our Services are used. If you wish to turn cookies off, you will need to do so through your web browser ?C most web browsers include a "help" section which can guide you through this process as well as setting up options such as receiving a notification anytime your computer is being sent a new cookie. However, for the purpose of improving your user experience, we recommend that you allow your browser to accept cookies from Fund by Cell. For example, one cookie that Fund by Cell may send your browser allows you to stay signed in to your Fund by Cell account once you have signed in on a visit, rather than having to sign in multiple times during a visit to our Site.
Changes to your personal information: Please contact us if you need to update or correct the Personal Data you have shared with us, and we will take reasonable steps to update or correct your Personal Data in our possession. You may contact us to ask us to correct, update, amend or remove your Personal Data, or to ask us to remove your Personal Data either by making changes to your data through your user account "Settings" page or by emailing us at [email protected] . You may also choose to stop using the Services, in which case you may contact us via email at [email protected] and we will delete the account for you within 30 days. As long as your account is active or as long as the information is necessary to provide you with the services, we will retain your Personal Data. We will also store and use your Personal Data as long as it is necessary to enforce our agreements, resolve disputes, comply with our legal obligations, or as it is necessary for other business purposes.
Use of your Personal Data
In this section we will enumerate ways in which we use your data. (In the following sections we will describe the specific types of data that are kept private, shared with other users, or available to the public.) Uses of your personal data include:
• Allowing us to identify you when you sign in to your account;
• Providing you with our services;
• Administering your account;
• Contacting you to respond to questions and comments you submit when using our Services;
• Showing you projects that we think are likely to be of interest to you. Which projects we highlight for you is based on your location and how you have previously used our Services;
• Fund by Cell or its affiliates may send you marketing communications that we think you may find useful. You may also ask us at any time to remove your name from our mailing lists by emailing [email protected] and making this request;
• Analyzing data collected from Fund by Cell site visitors and the use of Services in order to improve the Services we provide;
• Additional purposes which we will share with you when we request information from you.
• Email contact: Our goal is to limit our email contact with you to only communications that you wish to receive. We allow you to choose whether to receive communications including announcements about changes to the Services, newsletters, and marketing communications. We also send a limited number of emails to communicate about your personal transactions. Furthermore, we may occasionally need to send you Service-related notices, including notices required by law, which you consent to receiving by email rather than by postal mail. Some Service-related notices you will not be able to opt out of. If you would like support in changing your email preferences, please contact us at [email protected].
• Third Party Personal Data: We may use Third Party Personal Data which you provide to us if you choose to use any feature of Fund by Cell which involves you communicating with a third party. We may gather Third Party Personal Data either through you sharing specific data with us, or through accessing Third Party Personal Data stored in your possession such as a contact list on your mobile device. By sharing Third Party Personal Data with us, you are acknowledging and agreeing that we may use this data for purposes including:
• Contacting the third party with the data you have provided us with;
• Offering you a message template to aid your communication with the third party;
• Sending occasional reminders or relevant messages to the third party (as well as to you);
• For example: when you create a campaign, you can invite others to join your campaign team in order to be able to help your campaign. When you invite a person for this purpose, we will ask you to provide us with this person's email address, which we will collect and use to send an email inviting them to join your campaign team;
• Please note that each communication that we send to a third party using Third Party Personal Data will include an option to "opt-out" from receiving future communication from us; and
• Please note that any third party who we have sent communications to may contact us at [email protected] to request that we delete their email address.
Use of non-identifiable information: Through various technologies and your use of Fund by Cell, we passively collect and store personally non-identifiable data, which means that it cannot be linked to you personally. This information may be stored in databases owned and maintained by Fund by Cell, our affiliates, our agents, or our service providers. With this aggregate data, which includes no personal data, we track information such as our visitors' ISP domain names, how many visitors there are to each page of our Site, and how many visitors there are total to our Site.
Use of aggregated personal data: Fund by Cell sometimes compiles data about user interests, behavior, location, and demographics. This information is aggregated and is not personally identifiable to you. We collect this information in order to conduct research, and we may share this compiled data (including aggregated user statistics) with third parties including affiliates, agents, prospective and current business partners, and other third parties for lawful purposes.
Use of Location Information: No location information is collected.
Information that is kept private
In this section we will describe which data will be kept private, meaning that it will not be visible publicly and will not be shared with other users. We are very serious about maintaining your privacy and keeping your data secure. The types of information that are kept private include:
• Your payment information. Fund by Cell does not ask you for or hold any of your payment information; rather, if you choose to make a payment, you will provide your information to a partner with payment processors such as WePay. The payment processor partner is the only entity that asks you for and receives this information;
• Your IP address;
• Your phone number;
• Your login and password; and
• Any communications that you send to us. This can include when you contact us to ask for support, send us comments, ask us questions, or report problems to us.
Your Personal Data and Third-Party Services or Entities
We may share your Personal Data with third party entities with no further notice to you under these circumstances:
• When it is necessary for your use of the Services, for example, when we partner with payment processors or hire third party companies to maintain databases. Another examples is that we may share your location based information with our mapping provider in order to provide you with search results tailored to your geographic area, location-based services, and other personalized content. When sharing Personal Information with third parties in order to fulfill the Services, we only share the information necessary for them to perform their specific function;
• In the event that we sell or buy businesses or assets in order to develop our business. If we make a corporate sale, reorganization, merger, dissolution, or comparable event that involves transfer of assets, Personal Data may be included in the assets transferred;
• If you have opted in to receive notices about other campaigns that may be interesting to you, we may share your Personal Data with those other campaigns.
We require that any third-party services with whom we share your data protect your personal information to the same standards that we do.
Additionally, we reserve the right to share your personal information when we believe that disclosing this information is reasonably necessary to comply with the law, to comply with law enforcement, to protect Fund by Cell's legal rights, to prevent abuse, to prevent fraud, to protect against legal liability, or to act in urgent circumstances to protect the personal safety of the public or of users of the Services.
We are willing to share any information we have collected, to the best or our ability, upon written request via email at [email protected]. We do not sell personal data, but, in the event that this policy changes, the user may request to opt-out of having their data sold. The user will not be discriminated against in any way for exercising their rights to opt-out.
PART 5: NO SALE OR EXTERNAL USE OF FINANCIAL INFORMATION
Fund by Cell will not sell any User's personal financial information to any outside companies. Fund by Cell will similarly not sell or allow third parties to have or display User's personal information, but Fund by Cell may display, collect, aggregate, monitor, sell or otherwise use general data on Users, so long as that data omits (redacts) any personally identifiable and financial data of individual Users
Information that is shared with other users
In this section we will describe which data is shared only with other users. We will share some of your information with the user who creates a campaign when you donate to that campaign. The campaign creator will have access to your account name, the donation amount you have pledged, and the reward you select from the campaign. If you have selected the option that it is acceptable to share your information with other campaigns that are similar to the one in which you are donating, we may share your Personal Information with those other campaigns. If you donate to a campaign, the campaign creator will never have access to your credit card details or other payment processing information.
When you donate to a campaign, if that campaign is successfully funded (your credit card payment successful occurs), then the creator will be given access to the email address you used to create your Fund by Cell account. Additionally, the campaign creator may send you a survey requesting necessary information in order to provide you with your reward, such as your shirt size if you selected a clothing reward, or your mailing address if the campaign creator needs it to mail you your reward. The campaign creator will receive any information that you share by filling out these surveys.
Anonymous information from your use of the Services may also be shared with campaign creators in the form of routine traffic analytics, which provide creators with anonymized information about the ways people find out about their campaigns, visit their campaign pages, and interact with their campaign pages.
Also, if you use Fund by Cell's Facebook feature, we will show you which Campaigns your Facebook friends have funded, and your friends using this tool will also be able to see which Campaigns you have funded. We ask your permission before posting anything to your Facebook, Twitter, or other third-party accounts.
We do not allow third-party service providers to deliver content and advertisements in connection with our Services. Beyond communications regarding our own service, there are no promotional communications sent to Users.
PART 5: DISCLOSURE BY USER OR SPONSOR
Any personal information or content that Users voluntarily disclose in public areas of the Site becomes publicly available and can be collected and used by others. Sponsors seeking to raise money for a Campaign may also have terms or conditions that include disclosure of information of contributors, so Users should read and understand terms of each Campaign prior to commitment.
Information that is made Public
In this section we will describe which information is made public. Each account that is created through Fund by Cell will have a publicly accessible profile page. Whether you are creating an account in order to start a campaign, donate, or participate in the community, when you create an account with us, we make a basic profile page that includes your account name, the date you created the account, and a list of any campaigns that you have launched. While the profile page is publicly visible, it is not searchable through Fund by Cell or through search engines (such as Google). However, when your account name is visible on Fund by Cell, including when you post comments, send messages, or donate to campaigns, other people can click on your account name, and this will allow them to see your profile. Details that can be viewed on your profile or elsewhere on Fund by Cell include:
• Your account name
• Any information you decide to add to your profile, including your biography, your picture, or your location
• The creation date of your account (coming later in the future)
• A list of all campaigns that you've launched
• Whether you have "liked" a project update on any user's campaign (coming later in the future)
• Any comments you've posted on campaigns / on the Fund by Cell website
• If you use Fund by Cell's Facebook feature to link your Fund by Cell and Facebook accounts, your Fund by Cell Profile page will display your number of Facebook friends and will include a link to your Facebook Profile information (coming later in the future.)
Each campaign page has a list of each user who has backed their project, listed under the project's Community Tab. Please be aware that your account name will be visible under this tab on any campaigns you donate to. If you are concerned about protecting the privacy of your personal identity, do not use the Fund by Cell service. You cannot choose an account name that does not share your personal name.
Please be aware that any Personal Information that you share as user content (such as in comments, on your Profile page, and so forth) is available to the public with no privacy or confidentiality. Even if you later try to remove this publicly available user content, copies of this information may still be viewable in cached and archived pages, and other users may have copied or stored this information. You may request that we remove your personal information that you have shared through user content by emailing [email protected]. We may not always be able to remove your personal information, and if this occurs we will contact you to let you know that we are unable to fulfill your request and why.
Additionally, if you create a campaign, we will ask you to verify your identity before launching your campaign. The name that you verify (your "Verified Name") will be visible publicly on your account profile as well as on any campaigns that you launch. Your campaign location (city and state) will also be publicly visible on your account profile, (coming later in the future.)
Also, if you choose to use the features offered by Fund by Cell that allow you to make posts to third party Social Networking Services about your Fund by Cell activities, you acknowledge that these activities will be visible to whomever you have enabled to view your posts on these Social Networking Services, including possibly your friends, followers, subscribers, or the public depending on the settings that you have chosen through these third party Social Networking Services.
Another public use of information is that we display endorsements of Fund by Cell on our website, and sometimes we share users' personal testimonials. If we wish to use your testimonial, we will first obtain consent from you, and if you consent, then we will display your testimonial and your name. You may at any time contact us at [email protected] to update or delete your testimonial.
The policy of Fund by Cell is to never knowingly collect Personal Data from children under the age of 13. We are committed to rapidly removing any Personal Data in our possession from a child under the age of 13 as soon as we learn of it. Please do not share or in any way submit Personal Data through the Services to Fund by Cell if you are under the age of 13. Please use the Services only with the adult supervision of your parents or legal guardians if you are between the ages of 13 and 17. If for any reason you believe that we may have received any Personal Data from a child under the age of 13, please email and notify us at [email protected], and we will delete that information from our databases as quickly as possible.
Fund by Cell is committed to complying with the California Eraser law. This allows you to request us to remove any publicly posted personally identifiable content that you have shared on our Site if you are a minor and a California resident. If you meet these criteria and wish for us to remove such information, please contact us at [email protected] and share a link to the content you wish to have removed as well as your age. Fund by Cell is not responsible for content that you made public on Fund by Cell in the case that this information is taken from this Site and posted to a third party Site.
Our website and Services are not targeted or directed at children under the age of 13 and do not knowingly collect or store any personal information from children under the age of 13.
In the case that any of the Personal Data that you have shared with us is compromised, we will promptly notify you. Fund by Cell does not accept liability for any unintentional disclosure or a disclosure that occurs due to a security breach of our systems or facilities.
Please feel free to contact us with any questions or concerns about our security practices at [email protected].
PART 6: LEGALLY REQUIRED AND OTHER DISCLOSURES
Fund by Cell reserves the right to disclose User's personally identifiable information as required by law and when Fund by Cell believe that disclosure is necessary to protect our rights, or in the good-faith belief that it is necessary to comply with the law. Fund by Cell may disclose User information upon court order or on receipt of a subpoena.
Copy of your information: You may request that we give you a copy of all of the Personal Data that we have retained about you. If you request this information, we may charge you a fee in order to provide it, and this fee will not exceed the prescribed fee permitted by law.
Terms of Service: Your access to and use of the Services is subject to the Terms of Service at https://www.fundbycell.com/terms .
The General Data Protection Regulation (GDPR): We are committed to complying with the requirements of the GDPR and to protecting all personal data received from data subjects in the United Kingdom and European Union member countries in accordance with the Privacy Shield Framework's Principles, which are aligned with the data protection requirements in the UK and EU: Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity & Purpose Limitation; Access; and Recourse, Enforcement & Liability.
If Organization/Users use the Services in Europe Organization/Users have the legal right under European data protection law to a copy of all the personal information that we hold about Organization/Users. If Organization/Users request this information from us we will provide it to Organization/Users for a fee not exceeding the amount permitted by law. As mentioned above, Organization/Users can also ask us to correct any errors in this information. Also, as referred above, Organization/Users have a right to prevent the use of Organization/Users personal information for direct marketing purposes.
California Consumer Privacy Act (CCPA): In accordance with the California Consumer Privacy Act (CCPA), we commit to the following: (i) to always be transparent about the user data we are collecting; (ii) to never sell user data to outside entities; (iii) to not discriminate against any user who wishes their data not be sold; (iii) to allow users the right to delete their information which has been collected by our platform; (ix) to not sell the information of children; (x) to keep users informed on the sources of collected data; (xi) to inform users of the business or commercial of collecting user data.
PART 8: GENERAL PROVISIONS
(1) Users are responsible to keep their information up to date and current. To modify or delete the personal information you have provided to us, please log in and update your profile.
(2) Fund by Cell may retain certain information as required by law or for necessary business purposes, but has no legal obligation to maintain records for any minimum period of time except as provided by law.
(3) On 30 days written request, Fund by Cell will give any User a copy of all the personal information about them that Fund by Cell holds. This information is subject to a fee not exceeding the prescribed fee permitted by law.
(5) Information that you submit through the System may be transferred to countries outside the European Economic Area ("EEA") to provide the System to you. For example, Site servers are in the United States. If Fund by Cell transfers your information outside the EEA in this way, Fund by Cell will take commercially reasonable steps to ensure that User's privacy rights are maintained.
Please contact us with any questions, concerns, or suggestions by emailing us at [email protected].