Last updated June 6, 2016
FunGrab is committed to advising you of the right to your privacy, and strives to provide a safe and secure user experience. This Privacy Policy explains how we collect, store and use personal information, provided by you on our website. By accessing and using our website, you explicitly accept, without limitation or qualification, the collection, use and transfer of the personal information provided by you in the manner described in this Privacy Policy. Please read this Privacy Policy carefully, as it affects your rights and liabilities under the law. If you disagree with the way we collect and process personal information, please do not use this website.
1. Scope of Policy
This Policy applies to FunGrab. It regulates the processing of information relating to you and grants both of us various rights with respect to your personal data. It describes what type of information we collect, how we use that information, and to whom we can provide that information. It also informs you of how to notify us to stop using your information. We are located in the United States of America. You may be located in a country that has laws which are more restrictive about the collection and use of your personal information. However, by using our website, you agree to waive the more restrictive laws and agree to be governed by the laws of the United States of America.
2. Information We Collect
We collect general types of information about you when you visit and use our website such as personal information, demographic information, behavioral information, quiz answers and indirect information. Sometimes we collect combinations of these types of information.
Personal information is information that can be used to identify you or any other individual to whom the information may relate. This is information which you are prompted to provide to us. Such information may include your name, address, telephone number(s), and email address or other unique information about you which you provide to us during the registration process, or though the course of communicating with us about the services provided on our website.
Demographic information is information that may or may not be unique to you in the sense that it refers to selected population characteristics. Such information may include, but is not limited to, zip code, telephone number(s) (including mobile phone number(s) and carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests.
Behavioral information is information pertaining to how you use our website, the areas of our website that you visit, what services you access, and information about your computer hardware and software, including your IP address, geographic location, browser preference, operating system type, domain names, times that you access the internet, and other websites you have visited.
Indirect Information is information which is provided to us by a third party or web technology information that we automatically collect from you when you visit our website. This includes information collected from the use of cookies, Web beacons or JavaScript.
No Information Collected from Children. We do not knowingly collect personal information from children under the age of 13. However, if the parent or guardian of a child under 13 believes that the child has provided us with personally identifiable information, the parent or guardian of that child should contact us at FunGrab, 548 MARKET ST #77649 SAN FRANCISCO, CA 94104-5401 if they want this information deleted from our files so that it is not in retrievable form. If we otherwise obtain knowledge that we have personally identifiable information about a child under 13 in retrievable form in our files, we will delete that information from our existing files so that it is not retrievable.
3. Use of Cookies, Web Beacons, and JavaScript
Cookies. "Cookies" are a feature in your browser software. If enabled, cookies store small amounts of data on your computer about actions you take on the pages of our website. Cookies assist us in tracking which of our features you visit most often, and what content you viewed on past visits. We may use cookies to keep track of the number of return visits, accumulate and aggregate statistical information generally pertaining to our website, and deliver specific content to you based on your past viewing history. You can disable cookies, although our website may not function properly for you. Your browser preferences can be modified to accept or reject all cookies, or request a notification when a cookie is set. You may read more about cookies at http://cookiecentral.com. In order to use all of the features and functionality of our website, you need to accept cookies.
Removing Cookies. You have the ability to accept, decline or remove cookies, at any time, by modifying your browser settings. Please see http://cookiecentral.com for more information.
Web Beacons. We use electronic images known as Web beacons (sometimes called single-pixel gifs, clear gifs or action tags) which allow us to collect information about your visit to our website, measure and improve the effectiveness of advertisements and track delivery of advertising. Web beacons collect only a limited set of information including a cookie number, time and date of page view, as well as a description of the page on which the Web beacon resides. We may also use Web beacons in email messages sent to you.
Disabling Web Beacons. Because Web beacons are the same as any other content request, you cannot opt out or refuse them. However, they can be rendered ineffective by either opting out of cookies or changing the cookie setup in your browser.
Javascript. We may also use JavaScript. JavaScript is a computer language that enhances the functionality of websites, particularly with respect to pictures. We use it to analyze and improve our website's functions.
Disabling JavaScript. You may deactivate JavaScript through your browser settings or activate it the same way. If you disable JavaScript, you will not be able to use some of the functions of our website.
IP Addresses. Your Internet Protocol ("IP") is a unique Internet "address" which is assigned to you by your Internet Service Provider ("ISP"). We automatically collect your IP address. We may use this information for research on our users' demographics, interests, and behavior, to better understand and serve you. This information may include the URL that you just came from (whether this URL is on the website or not), which URL you next go to (whether this URL is on the website or not) and your computer browser information. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify you. Your IP address can reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites.
4. How We Use Information Collected
Providing Services. We use the information we gather on our website to provide you with the services you have requested. This includes emailing you our newsletters and third party advertising on or throughout website.
Improving Our Website. We use the information we gather to respond to any inquires you make, operate and improve the functionality of our website, and deliver the services advertised on our website. Our services include the display of personalized products, content, and advertising, relating to your experience and interests.
Sharing Information. We may also make your name, email address, mailing address, telephone number, and/or demographic information available to carefully selected business partners, vendors and other third party organizations to provide you with information about products, services and special offers we think may interest you or to improve our products, services and advertising. Many of our users find this a valuable and time-saving service.
5. Disclosure of Information to Others
We disclose your information to third parties throughout the world, or combined personal, demographic, behavioral or indirect information, in the following ways:
Product and Service Delivery. We share your information with companies and individuals we employ to perform technical functions on our behalf. Examples include third parties who host our website, analyze our data, provide marketing assistance and provide customer service.
Website Functionality. We share your information with third parties who help us in the delivery of our services.
Anonymous information. We share aggregated anonymous information about you, combined with other persons using our website with third parties, so that they can understand the kinds of visitors that come to our website, and how those visitors use our website. This includes demographic information and behavioral information.
Legal Process. We disclose your information if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property, or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
Acquisition or Merger. We may disclose and transfer your information to a third party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such information in a transaction approved by the court.
6. Third Party Collection and Use of Information
Advertisers. Advertising agencies, advertising networks, and other companies who place ads on our website, may use their own cookies, Web beacons, and other technology, to collect information about you. We do not control the use of such technology and have no responsibility for the use of such technology to gather information about you.
Hyperlinks. Our website or emails may offer links to and from other third party sites. Other sites have their own policies regarding privacy. If you visit one of these sites, you may want to review the privacy policy on that site. For example, you may have linked to the FunGrab brand site through a banner advertisement on another site. In such cases the site you have linked from may collect information from people who click on the banner or link. You may want to refer to the privacy policies on those sites to see how they collect and use this information.
7. Security
We endeavor to safeguard and protect your information. When you submit information on our website, such information is protected both online and offline. We have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. The servers in which we store your information are kept in a secure physical environment. The servers have industry standard firewalls. Access to such servers is password protected and access by our employees is limited. Please be advised that, although we take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure; therefore, we cannot and do not warrant that your information will be absolutely secure. Any transmission of data at or through our website is at your own risk. However, access to your information is strictly limited and not accessible to the public.
8. Changes to Privacy Policy
We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy. Your continued use of the Website after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your use of our Website.
9. California Resident Rights
California Civil Code Section 1798.83 permits customers of Company who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding twelve calendar months. If you are a California resident and would like to make such a request, please submit your request in writing to: FunGrab, 548 MARKET ST #77649 SAN FRANCISCO, CA 94104-5401.
10. Unsubscribe from emails
If you wish to no longer receive emails from FunGrab, you may use the unsubscribe link at the footer of all email messages or contact us at info@FunGrab.com.
11. Contact Us with Any Questions
Please do not hesitate to contact us with any questions or requests you have regarding our services or this Privacy Policy. We can be reached as follows:
FunGrab
info@FunGrab.com
548 MARKET ST #77649
SAN FRANCISCO, CA 94104-5401
12. Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, FunGrab, and/or any involved third party relating to your account or information you provide. FunGrab agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against FunGrab. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the "FAA"), 9 U.S.C. Sections 1-16, as amended.
Exceptions to Binding Arbitration. As an exception to binding arbitration, you and FunGrab both retain the right to pursue, in a small claims court, any claim that is within that court's jurisdiction and proceeds on an individual (non-class) basis. FunGrab will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against FunGrab, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to FunGrab, 548 MARKET ST #77649 SAN FRANCISCO, CA 94104-5401. You agree to negotiate with FunGrab in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after FunGrab' receipt of your written dispute, you agree to the dispute resolution provisions below.
Commencement of Arbitration. You and FunGrab agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.
Arbitration Location. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and FunGrab agree.
Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.
The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms of Use and Conditions of Purchase and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or FunGrab.
Arbitration Fees. FunGrab shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although FunGrab may have a right to an award of attorneys' fees and expenses under some laws if it prevails, FunGrab agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator's ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
Enforceability. This provision survives termination of your account or relationship with FunGrab, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and FunGrab and shall not be modified except in writing by FunGrab.
Amendments. FunGrab reserves the right to amend this arbitration provision at any time. Your continued use of any FunGrab Website, purchase of a FunGrab product, or use or attempted use of a FunGrab product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, FunGrab will provide you notice and an opportunity to opt-out. Your continued use of any FunGrab Website, purchase of a FunGrab product, or use or attempted use of a FunGrab product, is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE YOU FIRST ACCESSED THE SITE BY WRITING TO FunGrab, 548 MARKET ST #77649 SAN FRANCISCO, CA 94104-5401. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED AND DATED WRITTEN NOTICE THAT DETAILS SUCH OPT-OUT.
