POPin Privacy Policy 

Effective Date: October 11th, 2023

Introduction

Welcome to POPin! We are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy outlines how we collect, use, disclose, and safeguard your data when you use our dance app. By using our app, you consent to the practices described in this Privacy Policy.

Acceptance of the Terms of Use
These terms of use are entered into by and between You and Figur8 Inc. (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the Figur8 application and website, including any content, functionality, and services offered on or through the Figur8 application and website (collectively, the “Application”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Application. By downloading, installing, and/or using the Application, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.figur8inc.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access, download, or use the Application and, if applicable, must delete the Application from your mobile device.
This Application is offered and available to users who are 18 years of age or older. By using this Application, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not download, access, or use the Application and, if applicable, must delete the Application from your mobile device.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Application thereafter. However, any changes to the dispute resolution provisions set out in “Governing Law and Jurisdiction” will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Application.
Your continued use of the Application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Accessing the Application and Account Security
We reserve the right to withdraw or amend this Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users.
You are responsible for both:

• Making all arrangements necessary for you to have access to the Application.

• Ensuring that all persons who access the Application through your internet connection are aware of these Terms of Use and comply with them.

To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide on the Application is correct, current, and complete. You agree that all information you provide to register with this Application or otherwise, including, but not limited to, through the use of any interactive features on the Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Application or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared internet connection.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to download and use the Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Application, except as follows:

• Your device may store copies of such materials incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may download one copy of a reasonable number of pages of the Application for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this Application.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Copy the Application.

• Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application.

• Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof.

• Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof.

• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason.

• Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

• Use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

You must not access or use for any commercial purposes any part of the Application or any services or materials available through the Application.
If you wish to make any use of material on the Application other than that set out in this section, please address your request to: [info@figur8inc.com].
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Application in breach of the Terms of Use, your right to use the Application will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Application or any content on the Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Application are the trademarks of their respective owners.
Prohibited Uses
You may use the Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that is exploitative, illegal, harmful, discriminatory, incendiary, inappropriate, or otherwise violates the Content Standards set forth in these Terms of Use, in the Company’s sole discretion.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application, or expose them to liability.

Additionally, you agree not to:

• Use the Application in any manner that could disable, overburden, damage, or impair the application or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.

• Use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.

• Use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Application.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, device, or database connected to the Application.

• Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Application.

User Contributions
The Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other public or private interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Application.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post on the application will be considered non-confidential and non-proprietary. By providing any User Contribution on the Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Application.

Monitoring and Enforcement; Termination
We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public, or could create liability for the Company.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application.

• Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to [Info@figur8inc.com]. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application, or by anyone who may be informed of any of its contents.
This Application may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Application
We may update the content on this Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Application may be out of date at any given time, and we are under no obligation to update such material. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement
Information About You and Your Visits to the Application
All information we collect on this Application is subject to our Privacy Policy. By using the Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Application and Social Media Features
This Application may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Application.

• Send emails or other communications with certain content, or links to certain content, on this Application.

• Cause limited portions of content on this Application to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website or application that is not owned by you.

• Cause the Application or portions of it to be displayed on, or appear to be displayed by, any other application or site, for example, framing, deep linking, or in-line linking.

• Otherwise take any action with respect to the materials on this Application that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Application
If the Application contains links to other applications or sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those applications, sites, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or applications linked to this Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or applications.

Geographic Restrictions
The owner of the Application is based in the State of Texas in the United States. We provide this Application for use only by persons located in the United States. We make no claims that the Application or any of its content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Application for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE, AND ANY OF OUR AFFILIATES, SUBSIDIARIES, AND SERVICES PROVIDERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, OTHER APPLICATIONS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY, INCLUDING ITS AFFILIATES, SUBSIDIARIES, AND SERVICE PROVIDERS, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, AND SERVICE PROVIDERS, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APPLICATION OR SUCH OTHER APPLICATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Application, including, but not limited to, your User Contributions, any use of the Application’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Application.

Governing Law and Jurisdiction
All matters relating to the Application and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Plano and County of Collin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Figur8, Inc. regarding the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Application.
Your Comments and Concerns
This Application is operated by Figur8, Inc., a Florida corporation, at 400 NW 1st Ave, 3702, Miami, Florida33128.
All notices of copyright infringement claims should be sent to Kendall Boston AT [info@figur8inc.com].
All other feedback, comments, requests for technical support, and other communications relating to the Application should be directed to: [info@figur8inc.com].

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Figur8, INC. PRIVACY POLICY
Last modified: February 16, 2022
Introduction
Figur8, Inc. (“Company” or “We”) respects your privacy and is committed to protecting it through compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the Figur8 Inc application or website (collectively, our “App”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:

• On this App.

• In email, text, and other electronic messages between you and this App.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or

• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the App.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our App. By accessing or using this App, you agree to this Privacy Policy. This policy may change from time to time (see “Changes to Our Privacy Policy”). Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children Under the Age of 13
Our App is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the App. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this App or through any of its features, register on the App, make any purchases through the App, use any of the interactive or public comment features of this App, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at Info@figur8inc.com.
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see “Your California Privacy Rights” for more information.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our App, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, social security number, or any other identifier by which you may be contacted online or offline (“personal information”);

• That is about you but individually does not identify you; and/or

• About your internet connection, the equipment you use to access our App, and usage details.

We collect this information:

• Directly from you when you provide it to us.

• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

• From third parties, for example, our business partners.

Information You Provide to Us
The information we collect on or through our App may include:

• Information that you provide by filling in forms on our App. This includes information provided at the time of registering to use our App, subscribing to our service(s), posting material, making a purchase, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our App.

• Records and copies of your correspondence (including email addresses), if you contact us.

• Your responses to surveys that we might ask you to complete for research purposes.

• Details of transactions you carry out through our App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our App.

• Your search queries on the App.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the App, or transmitted to other users of the App or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the App with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our App, including traffic data, location data, logs, and other communication data and the resources that you access and use on the App.

• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). This website does not respond to web browser signals and other similar mechanisms and “do not track” requests.
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our App and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.

• Store information about your preferences, allowing us to customize our App according to your individual interests.

• Speed up your searches.

• Recognize you when you return to our App.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our App. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our App.

• Flash Cookies. Certain features of our App may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our App. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see “Choices About How We Use and Disclose Your Information”.

• Web Beacons. Pages of the App and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

IMAGE COLLECTION AND USAGE

1. Image Collection
Our application collects images when users utilize certain features. The collection of images is designed to provide a better user experience and to enable the specific functionalities offered by our application. We understand the sensitive nature of photos and are committed to ensuring the confidentiality and security of the images provided.

2. How We Use Collected Images
Images collected are primarily used to:

Enhance the user experience and functionality of our application.
Provide specific services or features that require image processing or analysis.
Images are not used for advertising purposes, sold to third parties, or used outside the context of the specific functionalities of our application unless explicitly authorized by the user.

3. Storage and Security
Images are stored on secure servers with the highest level of encryption available. We employ strict security measures to protect against unauthorized access, alteration, disclosure, or destruction of your images. Images are stored only for the duration necessary to fulfill the purposes outlined above, after which they are deleted or anonymized unless otherwise specified.

4. User’s Rights and Choices
Users have the right to access, rectify, or delete their images stored with us. Furthermore, if a user does not wish to have their images collected, they can opt out or refrain from using the specific features of the application that require image collection.

5. Changes to this Image Collection and Usage Policy
We may update our Image Collection and Usage policy from time to time. When we make changes, we will revise the "last updated" date at the bottom of this section. We encourage users to frequently check this section for any changes and to stay informed about how we are helping to protect the personal information we collect.

Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the App are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see “Choices About How We Use and Disclose Your Information”.

How We Use Your Information
We use information that we collect about you or that you provide to us, including, but not limited to, any personal information:

• To present our App and its contents to you.

• To provide you with information, products, or services that you request from us.

• To fulfill any other purpose for which you provide it.

• To provide you with notices about your account, including expiration and renewal notices, if applicable.

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

• To notify you about changes to our App or any products or services we offer or provide though it.

• To allow you to participate in interactive features on our App.

• In any other way we may describe when you provide the information.

• For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile or contact us at the contact information listed below. For more information, see “Choices About How We Use and Disclose Your Information”.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this Privacy Policy:

• To our subsidiaries and affiliates.

• To contractors, service providers, and other third parties we use to support our business.

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our App users is among the assets transferred.

• To third parties to market their products or services to you if you have not opted out of these disclosures. For clarity, this includes the sale of your personal information. For more information, see “Choices About How We Use and Disclose Your Information”.

• To fulfill the purpose for which you provide it.

• For any other purpose disclosed by us when you provide the information.

• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out logging into the App and adjusting your user preferences in your account profile, checking or unchecking the relevant boxes or by sending us an email with your request to [Info@figur8inc.com].

• Promotional Offers from the Company. If you do not wish to have your email address and/or contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [Info@figur8inc.com]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transaction.

• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by filling out this form: "Do Not Sell My Personal Information" [For this opt-out to function, you must have your browser set to accept all browser cookies.]

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
California residents may have additional personal information rights and choices. Please see “Your California Privacy Rights” for more information.
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: [(786) 565-5415/ Info@figur8inc.com/https://www.figur8inc.com/popin].
Accessing and Correcting Your Information
You can review and change your personal information by logging into the App and visiting your account profile page.
You may also send us an email at [Info@figur8inc.com] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other App users. Proper access and use of information provided on the App, including User Contributions, is governed by our terms of use.
California residents may have additional personal information rights and choices. Please see “Your California Privacy Rights” for more information.
Your California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [Info@figur8inc.com] or write us at: 400 NW 1st Ave, 3702, Miami, Florida 33128
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the App home page or a message to your App account. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our App and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
Info@Figur8inc.com
[or via our toll-free number:
[(786) 565-5415]
[To register a complaint or concern, please contact Info@figur8inc.com.]

Figur8 Inc,
400 NW 1st Ave
3702
Miami, Florida
33128


Figur8, INC. GDPR PRIVACY POLICY
(Last Revised: February 2021)

Introduction
Thank you for choosing Figur8, Inc. (the “Company”).
At the Company, we aim to provide you with the highest level of security and the best experience possible. We respect the privacy rights of users and recognize the importance of protecting data collected about you (“Personal Data”). This Privacy Policy(this “Policy”) explains in further detail, how data is collected, used and disclosed by the Company. It applies to data we collect when you use or access our products, services, applications or mobile websites (collectively, the “Company Services” or the “Services”) or when you otherwise interact with us.
If you use Company Services as part of an entity or organization that has an agreement with Company, such as your employer or a university, the terms of that organization’s contract for the Company Services may restrict our collection or use of your data more than what is described in this Policy.
Your Choices Rights and Preferences
You may be aware that a new European Union law, called the General Data Protection Regulation (“GDPR”), gives certain rights to individuals in relation to their Personal Data. If you are located in the European Economic Area (“EEA”), these rights may include:

• Right of Access – the right to access the Personal Data we process about you;

• Right to Rectification – the right to request that we amend or update your Personal Data where it is inaccurate or incomplete;

• Right to Erasure – the right to request that we delete your Personal Data;

• Right to Restrict – the right to request that we temporarily or permanently stop processing all or some of your Personal Data, to the extent permitted by law;

• Right to Object – the right to object, at any time, to any processing of your Personal performed for our legitimate interests.

Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection.

• Right to Data Portability - the right to request transferring your Personal Data to another controller, to the extent possible; and

• Right Not to be Subject to Automated Decision-Making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would produce legal effects. Automated decision-making currently does not take place on our websites or in our services.

How to Exercise Your Rights
To exercise your rights, please contact us via email at [Info@figur8inc.com] or in writing addressed to the Company at 400 NW 1st Ave, 3702, Miami, Florida 33128. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you to honor your request.
Account Information
You may update, correct or delete your Personal Data at any time by logging into your online account and modifying your information or by emailing us at [Info@figur8inc.com] . If you wish to deactivate your account, please email us at [Info@figur8inc.com] .
Your Rights Relating to Customer Data
As described, we may also process Personal Data submitted by or for a customer of our products and services. To this end, if not stated otherwise in this Policy or in a separate disclosure, we process such Personal Data in the role of a mere processor on behalf of a customer or its affiliates who is the responsible controller of such Personal Data. We are not responsible for, and have no control over, the privacy and data security practices of our customers, which may materially differ from those set forth in this Policy. If your Personal Data has been submitted to us by or on behalf of any Company customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable customer directly.
Promotional and Newsletter Communications
You may opt out of receiving promotional and newsletter emails from Company by following the opt-out instructions provided in those emails. You may also opt-out of receiving promotional emails and other promotional communications from us at any time by emailing Info@figur8inc.com with your specific request.
If you opt out, we may still send you non-promotional communications, such as security alerts and notices related to your access to or use of the Company Services or those about your online account or our ongoing business relations.
What Personal Data do we collect from you?


The tables below outline the categories of Personal Data we collect and use:
Personal Data You Provide to Us When You Sign Up

Categories of Personal Data
Description of category
Account Registration Data
The types of Personal Data we may collect directly from you include:

• Name;

• Username;

• Email address;

• Address; and

• Phone number.

Personal Data We Collect Automatically When You Use the Company Services

Categories of personal data
Description of category
Company Service Usage Data
The types of Personal Data we may collect from you during services provided may include:

• Information about the type of product you use;

• Date and times that services are used;

• Technical data, which may include your access times, browser type and language, Internet Service Provider (“ISP”), the web pages that you visit, the Metadata (as defined below) you use, and the URL of the web page you visited before navigating to the Company Services;

• Your Internet Protocol (“IP”) address for the purposes of validating your location;

• Device Information including data about the device, such as the hardware model, operating system and version, unique device identifiers, mobile network information (as allowed by the mobile network), or platform data (as allowed by the specific platform type); and

• Metadata on the files or other data that you provide to the Company Services (“Metadata”) to provide you with the features and functionality of the Company Service.

Further details about the data collected by cookies can be found in our general Privacy Policy.


Personal Data Collected With Your Permission That Enables us to Provide Additional Features

Categories of Personal Data
Description of category
Voluntary Additional Data
In addition to the data we collect to provide you with the Company Services outlined above, you also have the option to give us your consent to collect additional Personal Data from you to provide you with features and functionality that will enhance your experience.
Contests, Surveys and Sweepstakes Data
This Personal Data is used to allow you to sign up and participate in contests, surveys, sweepstakes, and other types of promotions. The exact Personal Data collected will vary depending on the promotion. Data may include:

• Name;

• Username; and

• Email address.

Online Community Data
If you register for an online community that we host or other social media-related service, we may ask you to provide a username, photo, and biographical information, such as your occupation, social media profiles, company name, and areas of expertise.


Payment Data
We may collect such Personal Data during a trial subscription or throughout the purchasing process. The exact Personal Data collected will vary depending on the payment method but will include information such as:

• Name;

• Phone number;

• Email;

• Payment details; and

• Details of your transaction history

Social Media Site Data
This is Personal Data that is provided by you when you communicate with us via third-party social media sites or otherwise communicate with us.

Personal Data Collected from Other Sources

Categories of personal data
Description of category
Third Party Data
We may also obtain Personal Data from third parties and combine such third-party data with data we collect through the Company Services.
For example, we may have access to certain data from a third-party social media service if you create or log into your online account through the service or otherwise provide us with access to data from the service.
Any access that we may have to such data from a third-party social media service is in accordance with the authorization procedures determined by the social media service.

What We Use your Personal Data For?
When you interact with the Company Services we use a variety of technologies to process data. In some instances, that data may be Personal Data. The table below provides reasons for why we process your Personal Data and the associated legal basis we rely upon to process this Personal Data. The associated categories were identified in earlier sections. We may use the Personal Data we collect about you for a variety of purposes, including to:

Description of why Company processes your Personal Data (“purpose processing”)
Categories of Personal Data
Legal Basis for the processing purposes
We process your Personal Data to facilitate your use of Company Services. In the absence of a contract with you, we base the processing of your Personal Data on our legitimate interest to provide you with the necessary functionality required during your use of our Services.
Account Registration Data,
Company Service Usage Data
Performance of a Contract or Legitimate Interest
To improve your experience with Company Services, for example, by enabling you to communicate, collaborate, and share files with other users.
We may process device and usage data which, in some cases, may be associated with your Personal Data, to analyze trends and improve the user experience.
Company Service Usage Data,
Voluntary Additional Data
Legitimate Interest or Consent (where applicable)
To understand how you and your user’s access and use Company Services to ensure technical functionality, send you technical notices, updates, security alerts, support, and administrative messages.
This includes monitoring and analyzing trends, usage, and activities in connection with the Company Services for the purpose of delivering the services and features you request.
Account Registration Data,
Company Service Usage Data
Performance of a Contract or Legitimate Interest
To process and complete transactions, investigate and prevent fraudulent transactions, unauthorized access to the Company Services, and other illegal activities. To send you related information, including purchase confirmations, and invoices.
Payment Data
Performance of a Contract or Compliance with legal obligations or Legitimate Interest
To communicate with you, either directly or through one of our partners or third parties for:

• Marketing or advertising purposes;

• Surveying, newsletters, offers, promotions, contests and events; or

• Informative news or information about Company and our select partners.

Communicated with via email, notifications, or other messages consistent with previously communicated permissions.

Contests, Surveys and Sweepstakes Data
Legitimate Interest or Consent
To communicate with you about Services and features. Respond to your comments, questions, and requests and provide customer service and support.
Account Registration Data,
Company Service Usage Data
Consent


Sharing and Disclosure of Personal Data
Below are the categories of recipients of the Personal Data collected, generated, or processed via Company Services.
Publicly Available Information
The following Personal Data will be made publicly available via Company Services.

• Testimonials: We may display personal testimonials of satisfied customers on our site or app, in addition to other endorsements. With your consent we may post your testimonial, along with your name.

Personal Data You May Choose to Share
The following Personal Data will only be shared with the categories of recipients in the table below.

Category of Recipients
Reason for sharing
Third party applications you connect to your Account

Company may provide you with opportunities to connect with third-party applications or services. If you choose to use any such third-party applications or services, we may share Personal Data about you including your username and any metadata you choose to use in connection with those applications and services, and such third parties may contact you directly as necessary.
This Policy does not apply to your use or your users’ use of such third-party applications and services. We are not responsible for how those third parties collect, use, and disclose your Personal Data.
Blogs
Our Application may offer publicly accessible blogs. You should be aware that any Personal Data you provide in these areas might be read, collected, and used by others who access them. Company is not responsible for any Personal Data that is disclosed outside of the Company Services.

Personal Data Your Company May Share on Your Behalf

Category of Recipients
Reason for Sharing
Company Administrator
Corporate Account: If you are an individual Company registered user and the domain of the primary email address associated with your Company account is owned by your employer and was assigned to you as an employee of that organization, and such organization wishes to establish a corporate account, then certain Personal Data concerning past use of your individual account may become accessible to that organization’s administrator, including your email address.

Information We May Share
We will not share Personal Data about you with any third parties except as described in this Policy or in connection with the Company Services. For example, we may share Personal Data about you, including the following:

Category of Recipients
Reason for Sharing
Vendors, Consultants and Other Service Providers
We use technical service providers which may operate some of the technical infrastructure that is needed to provide Company Services.
We may share your Personal Data with these service providers who are working on our behalf and require access to your Personal Data to carry out such work, for example, providing customer support, hosting, or to process billing.
Aggregated or Anonymized Data
We may also share aggregated or anonymized data with third parties that do not directly identify you.
Business Transfers
We, or our service providers, will share or transfer your Personal Data in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business, or in accordance with any contract or sale agreement that we may enter into with any third party.
Compliance with Law Enforcement and Data Protection Authorities

We may disclose your Personal Data to a third-party if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request, (b) to enforce our agreements and policies, (c) to protect the security or integrity of the Company Services, (d) to protect Company, our customers, or the public from harm or illegal activities, or (e) to respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.

Data Retention and Deletion
We may retain your Personal Data for a period of time consistent with the original purpose of collection outlined in this Policy. We determine the appropriate retention period for Personal Data on the basis of the amount, nature, and sensitivity of your Personal Data processed, the potential risk of harm from unauthorized use or disclosure of your Personal Data, and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements, such as applicable statutes of limitation.
After expiry of the applicable retention periods, your Personal Data will be deleted. If there is any Personal Data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such Personal Data.
If you wish to deactivate your account, please email us at [Info@figur8inc.com] , but note that we may retain certain Personal Data as required by law or for legitimate business purposes. In some cases, we may not be able to remove your Personal Data, in which case we will let you know if we are unable to do so and why.
For further information on applicable data retention periods, please contact us via email at [Info@figur8inc.com] or in writing addressed to the Company at 400 NW 1st Ave, Miami, Florida 33128.
Transfer to Other Countries
Company may subcontract processing to, or share your Personal Data with, third parties located in countries other than your home country. Your Personal Data, therefore, may be subject to privacy laws that are different from those in your country of residence.
Personal Data collected within the European Union and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the European Union and Switzerland. In such instances, Company will ensure that the transfer of your Personal Data is carried out in accordance with applicable privacy laws and that appropriate contractual, technical, and organizational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.
Links to Third Party Websites
We may place links or display advertisements from third parties on the Company Services websites. When you click on a link to a third-party website from our website, your activity and use on the linked website is governed by that website’s policies, not by those of Company. We encourage you to visit their websites and review their privacy and user policies.
How We Keep Your Data Safe - Security
Company takes commercially reasonable organizational, technical, and physical measures to help protect information about you from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.
You may access your account information and our service only using an individual user ID and password. To protect the confidentiality of Personal Data, you must keep your password confidential and not disclose it to any other person. Please advise us immediately if you believe your password has been misused. In addition, always logout and close your application when you finish your session. Please note that we will never ask you to disclose your password in an unsolicited phone call or email.
If you have any questions about the security of our websites, please contact us via email at [Info@figur8inc.com] or in writing addressed to the Company at 400 NW 1st Ave, 3702, Miami, Florida 33128.
Our Policy Toward Children
The Company Services is not directed towards children. We do not knowingly collect Personal Data from children under the age of 13. If you become aware that a child has provided us with Personal Data, please contact us at [Info@figur8inc.com] . If we become aware that a child under the age of 13 has provided us with Personal Data, we will take steps to delete such information.
Changes to This Policy
We may change this Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other factors.
If we make any changes, we will notify you by revising the “Last Updated” date at the top of this Policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). If there are material changes to this Policy, we will notify you directly by email or by way of a notice on the home page prior to the change becoming effective. We encourage you to review our Policy whenever you access the Company Services to stay informed about our information practices and the ways you can help us protect your privacy. Your use of any of the Company Services after the posting of such changes shall constitute your consent to such changes.
Contacting Us
Any questions about this Policy should be addressed to [Info@figur8inc.com] or to the Company at 400 NW 1st Ave, 3702, Miami, Florida 33128


Figur8, INC. PRIVACY POLICY FOR CALIFORNIA RESIDENTS
Effective Date: February 16, 2022
Last Reviewed: February 16, 2022
This Privacy Policy for California Residents supplements the information contained in FIgur8, Inc.’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Policy.


Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

• Publicly available information from government records.

• Deidentified or aggregated consumer information.

• Information excluded from the CCPA’s scope, like:

• health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

• personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category
Examples
Collected
A. Identifiers.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
NO
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

YES
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
NO
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
NO
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
YES
G. Geolocation data.
Physical location or movements.
YES
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
NO
I. Professional or employment-related information.
Current or past job history or performance evaluations.
NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
NO
K. Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
YES

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.

• Indirectly from you. For example, from observing your actions on our App.

Use of Personal Information
We may use, sell, or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.

• To provide, support, personalize, and develop our App, products, and services.

• To create, maintain, customize, and secure your account with us.

• To process your requests, purchases, transactions, and payments and prevent transactional fraud.

• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

• To personalize your App experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our App, third-party sites, and via email or text message (with your consent, where required by law).

• To help maintain the safety, security, and integrity of our App, products and services, databases and other technology assets, and business.

• For testing, research, analysis, and product development, including to develop and improve our App, products, and services.

• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our App users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.
We may also share your personal information by selling it to third parties, subject to your right to opt-out of those sales. Our personal information sales do not include information about individuals we know are under age 16. In the preceding twelve (12) months, Company has sold the following categories of personal information to the categories of third parties indicated in the chart below. For more on your personal information sale rights, see “Personal Information Sales Opt-Out and Opt-In Rights”.

Personal Information Category
Category of Third-Party Recipients
Business Purpose Disclosures
Sales
A: Identifiers.
Service providers, affiliates, partners, parent or subsidiary organizations, data analytic providers, advertising networks, operating systems and platforms, data brokers or aggregators.
Service providers, affiliates, partners, parent or subsidiary organizations, data analytic providers, advertising networks.
B: California Customer Records personal information categories.
None.
None.
C: Protected classification characteristics under California or federal law.
Service providers, affiliates, partners, parent or subsidiary organizations, data analytic providers, advertising networks, operating systems and platforms, data brokers or aggregators.
None.
D: Commercial information.
None.
None.
E: Biometric information.
None.
None.
F: Internet or other similar network activity.
Service providers, affiliates, partners, parent or subsidiary organizations, data analytic providers, advertising networks, operating systems and platforms, internet service providers.
None.
G: Geolocation data.
Service providers, affiliates, partners, parent or subsidiary organizations, data analytic providers, advertising networks, operating systems and platforms, internet service providers, data brokers or aggregators.
Advertising networks.
H: Sensory data.
None.
None.
I: Professional or employment-related information.
None.
None.
J: Non-public education information.
None.
None.
K: Inferences drawn from other personal information.
Service providers, affiliates, partners, parent or subsidiary organizations, data analytic providers, advertising networks, operating systems and platforms, internet service providers, data brokers or aggregators.
Service providers, affiliates, partners, parent or subsidiary organizations, data analytic providers, advertising networks, operating systems and platforms, internet service providers, data brokers or aggregators.

[Reselling Personal Information]
[The CCPA prohibits a third party from reselling personal information unless you have received explicit notice and an opportunity to opt-out of further sales. The following businesses purchase personal information from us and may resell that information. To opt-out of those sales, please [visit that business’s opt-out notice at link provided below.]

• "Do Not Sell My Personal Information"

Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Right to Know and Data Portability
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know or Delete”), we will disclose to you:

• The categories of personal information we collected about you.

• The categories of sources for the personal information we collected about you.

• Our business or commercial purpose for collecting or selling that personal information.

• The categories of third parties with whom we share that personal information.

• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

• sales, identifying the personal information categories that each category of recipient purchased; and

• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

• The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know or Delete”), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3. Debug products to identify and repair errors that impair existing intended functionality.

4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8. Comply with a legal obligation.

9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.
Exercising Your Rights to Know or Delete
To exercise your rights to know or delete described above, please submit a request by either:

• Calling us at (786) 565-5415]

• Emailing us at [[Info@figur8inc.com]

• Visiting https://www.figur8inc.com/popin

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. To designate an authorized agent, please email us at [Info@figur8inc.com]
You may also make a request to know or delete on behalf of your child by emailing us at [Info@figur8inc.com]
You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.
For instructions on exercising your sale opt-out or opt-in rights, see “Personal Information Sales Opt-Out and Opt-In Rights”.
Response Timing and Format
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact Info@figur8inc.com.
We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically PDFs.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
If you are age 16 or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years old, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 15 years old, or the parent or guardian of a consumer less than 13 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:


"Do Not Sell My Personal Information"


Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by:


Opt-in Form

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.


Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.

• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

• Provide you a different level or quality of goods or services.

• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to Info@figur8inc.com or write us at: 400 NW 1st Ave, 3702, Miami, Florida 33128
Changes to Our Privacy Policy
We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the App and update the notice’s effective date. Your continued use of our App following the posting of changes constitutes your acceptance of such changes.
Contact Information
If you have any questions or comments about this notice, the ways in which Figur8 Inc. collects and uses your information described here and in the general Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Phone: (786) 565-5415
Website: https://www.figur8inc.com/popin
Email: Info@figur8inc.com
Postal Address:
400 NW 1st Ave
3702
Miami, Florida
33128


If you need to access this Policy in an alternative format due to having a disability, please contact Info@figur8inc.com and (786) 565-5415.

By using our dance app, you agree to the terms outlined in this Privacy Policy. Thank you for choosing POPin!