Privacy Policy

Last Updated: April 08, 2023

Please read this Privacy Policy carefully. It provides important information about your personal information and tells you about your rights under applicable privacy laws. If you have any questions, comments, or concerns regarding this Privacy Policy and/or our data practices, please contact us.

BY ACCESSING OR USING ANY OF OUR SERVICES (AS DEFINED BELOW) OR SUBMITTING INFORMATION IN CONNECTION WITH YOUR USE OF ANY OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS PRIVACY POLICY.

1. INTRODUCTION

Fether. (hereinafter, "Fether", "we", "our" or "us") owns and operates: (a) the website located at fether.app (the "Site"), and (b) Fether's proprietary hosted software platform that enables users to implement e-commerce personalization and merchandising solutions (the "Fether Platform"). When we refer to the "Services" throughout this Privacy Policy, we mean the Site, Fether Platform, and any other products, websites, services, and/or applications provided by us that include a link and/or reference to this Privacy Policy, and any related services and/or new features and/or functionality provided by us through or in connection with any of the foregoing.

This Privacy Policy describes Fether's data collection, use, protection, and privacy practices concerning information and data we may collect in connection with the following activities:

  • When visiting and/or browsing the Site;
  • Registering an account ("Account") for any of our Services;
  • Accessing and/or using any of our Services;
  • Connecting access to and/or authorizing certain data to be shared with us through third-party integrations you have enabled and/or used in connection with the use of the Fether Platform (collectively, "Third Party Integrations");
  • Interacting with and/or using support and other services provided by us as part of your use of the Services;
  • Signing up for our marketing communications and/or newsletters

2. CHANGES TO THIS PRIVACY POLICY

Fether reserves the right to update or modify this Privacy Policy at any time. Except for material changes as described below in this Section, all updates and modifications to this Privacy Policy will be effective from the day they are posted on the Site at https://fether.app/pages/privacy-policy. If we make any material changes to this Privacy Policy, we will provide you with reasonable notice before such change takes effect by sending a notification to the email address we have on file for you, and may also post a prominent notice of any such changes on the Site. Material changes to this Privacy Policy will become effective on the date outlined in the notice, and all other changes will become effective from the day they are posted on the Site. It is your responsibility to regularly visit and review this Privacy Policy. In addition, if you are a Client, you are also responsible for notifying your Authorized Users and Customers of changes to this Privacy Policy.

If you do not agree to any updates or modifications to the Privacy Policy, cease all use of the Services. Your continued use of the Services after the applicable effective date of the revised Privacy Policy signifies to us that you acknowledge and agree to be bound by the revised Privacy Policy.

3. IMPORTANT NOTE REGARDING INFORMATION CONTROLLED BY OUR CLIENTS

Please note that certain information processed by Fether is controlled by the business, company, organization, and/or entity (hereinafter, the "Client") that has entered into the Fether Terms of Service Agreement or other agreement with Fether for use of the Services (the "Agreement"). When Fether collects and/or processes such information, it does so as a "data processor" on behalf of the Client, who is the "data controller".

For example, if you access and/or use the Services on behalf of the Client as its employee, contractor, and/or agent (hereinafter, an "Authorized User"), or you are a customer of the Client and/or interact with a Client's website, service and/or products that utilize our Services (hereinafter, a "Customer"), the Client determines its policies regarding storage, access, modification, deletion, sharing, and retention of your personal information. If you are an Authorized User and/or Customer, please check with the Client about the Client's policies and settings it implements concerning the information you submit or that may be processed by us on the Client's behalf in connection with the Services.

4. INFORMATION WE COLLECT

How and what personal information we collect in connection with the use of the Services depends on how and why we use the Services. For instance, the information that you provide when you visit and/or browse the Site or sign up for our marketing communications is more limited than the information you provide when you register an Account.

The term "personal information" or "personal data" means any information about an individual from which that person may be identified. For example, it may include a person's name, telephone number, email address, or payment information, and in some jurisdictions, IP address. It does not include data from which the identity of an individual has been definitively removed along with any identifiers connected to such individual (also known as anonymous or anonymized data).

When you access and use our Services, we collect information directly from you as explained in the Section Information Provided Directly by Users of the Services, and in certain circumstances, we automatically collect certain information when you access and/or use the Services as explained Information Collected Indirectly. In addition, the instances where we may receive information from third parties are as described in the corresponding section.

Please be advised that we may ask you to update your information from time to time to keep it accurate. Additionally, if you provide personal information to us about someone else, you must ensure that you are entitled to disclose that information to us and, without us having to take any further steps required by data protection laws, that we may collect, use, and disclose such information for the purposes described in this Privacy Policy. For example, you should ensure the individual concerned is aware of the terms detailed in this Privacy Policy and that they have not objected or do not object to you sharing their information with us.

4.1 Information Provided Directly by Users of the Services

Fether collects the following types of information directly from you:

  • Account & Registration Information: If you register an Account for the Services, we will collect contact and other information such as your name (first and last), email address, phone number, business address, and the name of your employer, occupation, and/or profession.
  • Login Credentials: When you log in to your Account as a registered user, we collect your username, password, and/or other login credentials.
  • Client Information: We may collect information about Customers of our Clients in connection with the Services we provide to such Clients according to the Agreement. The Client determines the scope and substance of the information transferred to us, and/or the information we collect on behalf of such Clients, which vary by Client. Typically, we will collect on behalf of, or receive from, our Clients, certain data and information regarding their end-user customers' interactions with a Client's website, service, and/or products that utilize our Services, such as (by way of example only and without limitation) whether an end user is an existing subscriber of the Client and/or certain purchase history information of the end user. Client information is owned and controlled by the Client, and we collect and process such information solely on behalf of our Clients following the Agreement entered into with the applicable Client. If you are a Customer, please review the Client's privacy policy and/or consult directly with the Client regarding the information collected by such Client in connection with their use of the Services.
  • Payment & Transaction Information: When you sign up to purchase a subscription to the Services, Fether may collect certain payment information, such as your credit card, and bank account information. Note that we do not directly collect or store any payment information. Payment transaction information is processed and stored exclusively by our third-party, PCI-compliant, payment processors, on our behalf to collect fees payable by you in connection with your use of the Services. The information provided to Fether only includes partial payment or credit card information, and limited transaction information via our payment processors' portals.

Please review the following Privacy Policies of our current payment providers to learn more about how they collect, process, and protect your personal information: Shopify: https://www.shopify.com/legal/privacy 

  • Other Information:
    • Contact information, such as first and last names, and/or email address collected through our sign-up forms to receive our marketing communications and/or newsletters.
    • Information, data, content, documents, and/or materials you provide to us when you fill out forms, answer surveys or contact us (such as your feedback, requests for support, or other communications with us).

4.2 Information Collected Indirectly

  • Usage Information
    • We, or our authorized third-party service providers, automatically collect technical and/or analytics information about how you use and/or interact with our Services (collectively, Usage Information), which may include (but is not necessarily limited to) identifiers, commercial information, and internet activity information such as IP address (or proxy server), mobile device number, device and application information, device event information, crash data, and log files and data, identification numbers and features, your approximate location (as determined through your IP address), browser type, plug-ins, integrations, Internet service provider or mobile carrier, the pages and files viewed, website and webpage interactions including searches and other actions you take, websites, apps and/or ads that referred you to the website, advertising and language preferences, operating system type and version, system configuration information, date and time stamps associated with your usage, and frequency of visits to the websites, and details of which of our products and product versions you are using.
    • We use this information for our internal purposes, specifically to operate, maintain, secure, and improve the Services. We may also use this information to provide you with notifications, recommendations, and information about specific features of the Services and/or additional products, services, or features we believe may be of interest to you.
    • Typically, all Usage Information is collected in an anonymous form and does not identify you personally. For example, some of the device and usage information collected, whether alone or in conjunction with other data, could identify you, although, except where strictly required to identify an individual for security purposes, such data, and information is primarily used to identify the uniqueness of each user logging on (as opposed to specific individuals). However, to the extent any Usage Information is linked or tied to personally identifiable information, such information is deemed “personal data” and we will use it and protect it following this Privacy Policy.
  • Cookies and Similar Technologies: We or authorized third parties may collect certain information (including, without limitation, Usage Information) by automated means using technologies such as cookies, web beacons, embedded scripts, pixels, browser analysis tools, server logs, and mobile identifiers; however, even though we use these technologies to track the use of the Services, Fether does not directly track users across third-party websites, provided that, certain targeting & advertising partners (as described below) may track you across websites. For more information on our use of these technologies, see our Cookie Policy.
  • Targeting & Advertising: We may use third-party advertising partners (e.g., Google, Inc., LinkedIn, Inc., and Facebook, Inc.) who use targeting/advertising cookies and similar technologies to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns. They are usually placed by advertising networks with the website operator's permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers. For more information on our and/or third-party advertising partners' use of these targeting & advertising cookies and similar technologies, please see our Cookie Policy.

4.3 Information Collected from Third Parties

In some instances, we process personal information from third parties, which consists of:

  • Data from our service providers, such as our analytics, advertising, marketing, and/or customer support providers.
  • Data from Third Party Integrations that you connect and/or use in connection with the use of the Services.
4.4 Aggregated Data

With the personal information and other data (including, Usage Information) collected by us, we process "Aggregated Data", such as statistical or demographic data. Aggregated Data may be derived from personal information but is not considered personal information under the law if it does not directly or indirectly reveal your identity. If we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information, which will be processed following this Privacy Policy.

5. HOW FETHER USES PERSONAL INFORMATION

Our mission is to provide safe, efficient, and high-quality services, and we, or our authorized third-party service providers who assist us in providing the Services, process your personal information for this purpose. We process your data for the reasons and on the legal basis as follows:

  • To perform and/or provide the Services you interact with and/or request. This may also include disclosure to the third parties who help us perform our obligations to you in connection with your use of the Services, such as hosting and/or customer support providers.
  • Where it is necessary for our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests. For example, for security purposes and protection against fraud.
  • Where we need to comply with a legal or regulatory obligation. For example, keeping records of our sales for tax compliance.
  • If we have obtained your prior consent (for example, when you subscribe to our newsletter or participate in our surveys or marketing campaigns). Please note that for this specific legal basis, you have the right to withdraw your consent at any time.

Depending on how you use the Services, we use your personal information in the following instances:

  • To host and provide the Site;
  • To perform and provide the Services to our Clients;
  • To personalize the Site and related Services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Site and/or Services;
  • Provide customized advertisements, content, and information. Where required under applicable law, we will only provide you with tailored content with your opt-in consent;
  • To enable Third Party Integrations connected to the Services;
  • Deliver direct marketing communications regarding products and services of ours and/or third parties that we may think are of interest;
  • Respond to your queries and requests, or otherwise communicate directly with you;
  • Provide information to regulatory bodies when legally required, and only as outlined below in Legal Obligations and Security.
6. SHARING PERSONAL INFORMATION

Aside from disclosing your information to those of our personnel who are authorized to process the information to provide the Services and who are committed to confidentiality, we disclose your personal information only to the third parties as described below.

  • Third-Party Service Providers: We share personal information with third parties that provide services to us that help us in the operation, provision, administration, and management of the Services ("Service Providers"), and to otherwise operate our business. We require all Service Providers to respect the security of your personal information and to treat it following the law. Depending on how you use the Services, the following categories of third parties collect data on our behalf or receive personal information:
    • Hosting providers,
    • Analytics providers,
    • Advertising and marketing partners,
    • Providers of business operations and communication tools,
    • Other third-party service providers that help us provide features and functions for the Services (e.g., customer support providers), and
    • Professional service providers, such as auditors, lawyers, consultants, accountants, and insurers.
    • Disclosures Directed by Clients: We will share and disclose personal information of Authorized Users and Customers of a Client with the applicable Client, and otherwise following the Client's instructions, including any applicable terms in the Agreement, and compliance with applicable law and legal process. If you are an Authorized User or Customer, please contact the Client to learn more about how your information may be used, shared, and/or disclosed by us on behalf of the Client.
    • Third-Party Integrations: When you interact with and/or use Third Party Integrations in connection with the Services, certain data and information may be exchanged between us and the provider of the applicable Third-Party Integration. Information that is shared with us through Third Party Integration is used by us as described in this Privacy Policy. Note that the Third-Party Integrations you choose to interact with and/or use are not our service providers. The applicable providers of Third-Party Integrations may use your personal information differently than we do and we do not control their use of your information. Please review the Privacy Policies for the Third-Party Integrations.
    • Advertising Partners: We may share your personal information with our third-party advertising partners to provide ads that we think may interest you. For more information about our advertising and marketing practices and those of the third-party advertising partners, please see our Cookie Policy.
    • Business Transfers: We may also share data with third parties to whom we choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this Privacy Policy.
    • Affiliates and Subsidiaries: Personal information that we collect about you through or in connection with your use of the Services may be shared with the employees, contractors, and agents of Fether and our affiliated and subsidiary entities ("Affiliates") who are involved in providing or improving the Services that we offer to you. We obligate the employees, contractors, and agents of Fether and our Affiliates to ensure the security and confidentiality of your personal information and to act on that personal information only in a manner consistent with this Privacy Policy.
    • Legal Obligations and Security
      • Regulatory and Government Bodies - Compliance with Law: We may disclose your information to regulatory agencies and official government bodies, as required to comply with or satisfy any laws, rules, or regulations applicable to Fether.
      • Required Disclosures - Responding to Legal Orders: If we are required to disclose personal information by law, such as under a subpoena, warrant, or other judicial or administrative order, our policy is to respond to requests that are properly issued by law enforcement within the United States. Under such circumstances, unless prohibited by applicable law, we will attempt to provide you with prior notice that a request for your personal information has been made to allow you to object to the disclosure. We will attempt to provide this notice by email if you have given us an email address. However, government requests may include a court-granted non-disclosure order, which prohibits us from giving notice to the affected individual. In cases where we receive a non-disclosure order, we will notify you when it has expired or once we are authorized to do so. If you are an Authorized User or Customer, please consult with the Client to learn more about how the Client responds to requests for information according to legal orders.
    • Exigent Circumstances & Enforcement/Protection of Our Rights: Your information, including the contents of all of your online communications in our Services and between you and Fether, may be accessed and monitored as needed to provide our Service and may be disclosed to law enforcement, regulatory agencies, official government bodies, and other third parties, as we, in our sole discretion, believe necessary or appropriate:
      • To enforce our rights under our General Website Terms of Use, the Agreement, and/or any other terms and conditions applicable to the use of the Services;
      • In connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity or activity that may expose us or our affiliates, partners, and/or agents to legal liability; and/or
      • If we receive information that provides us with a good faith belief that there is an exigent emergency involving the danger of death or serious physical injury to a person.
    • With your Consent: There may be situations where you are asked to consent to share personal information with third parties for additional reasons not included in this Privacy Policy. In such an event, we will only share such personal information if we have received your prior consent and only for the purposes listed in the request to share such information.
    7. MARKETING COMMUNICATIONS

    If you are a registered user and have not otherwise opted out (or with your consent where required by applicable law), or if you have opted in to receive direct marketing emails from us, we may use your personal information to send you marketing information about the Services, new product releases, new feature releases of the Services, and/or other Fether products and services, that we think may interest you. We carry out direct marketing by email. For the avoidance of doubt, we do not send marketing communications to Customers of our Clients, unless such Customer has signed up directly with us to receive marketing communications from us.

    If you no longer wish to receive marketing communications, you have the right at any time to opt-out as further explained in Your Choices.

    8. YOUR CHOICES
    • Accessing, Updating, and Correcting Personal information: If you would like to correct or update certain personal information (such as your contact information), please contact us and we will use reasonable efforts to correct and/or update such information.
    • Additional European and International Data Rights: If you are a resident of the European Economic Area, you may have additional rights you can exercise as described here.
    • Additional European and International Data Rights: You may manage the receipt of marketing and non-transactional communications sent by email by clicking on the "unsubscribe" link located at the bottom of any of our marketing e-mails. To opt out of marketing communications sent by physical mail, please contact us with your request. We will use commercially reasonable efforts to process such requests promptly. Note that you cannot opt out of receiving transactional e-mails or communications related to the Services (e.g., requests for support), which, for clarification, are not marketing communications. If you are an Authorized User or Customer of a Client, please contact the Client if you wish to request the correction and/or update of personal information under their control.
    • Cookies & Targeted Advertising: You can manage your cookie and tracking preferences as described in our Cookie Policy.
    9. DATA RETENTION

    Personal information is processed for the period necessary to fulfill the purposes for which it is collected, to comply with legal and regulatory obligations, and for the duration of any period necessary to establish, exercise or defend any legal rights.

    To determine the most appropriate retention periods for your personal information, we consider the amount, nature, and sensitivity of your information, the reasons for which we collect and process your personal information, and applicable legal requirements.

    In some instances, we may choose to anonymize personal information instead of deleting it. When we choose to anonymize, we make sure that there is no way that the personal information can be linked back to any specific individual.

    10. DATA SECURITY AND PROTECTION

    We have put in place reasonable and appropriate security measures designed to prevent your personal information from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. For example, we use encryption, secure socket layer (SSL), firewalls, and password protection. In addition, we limit access to personal information to those employees, agents, contractors, and third parties who have a business need to know.

    We also have procedures in place to deal with any suspected data security breach. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and while we take reasonable steps to provide secure services, by using the Services, you understand and assume the risks associated with your activities on the Internet.

    Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Services is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Services. To the fullest extent permitted under applicable law, we cannot and do not guarantee that the information you post on or transmit to the Services will not be viewed by unauthorized persons.

    11. INTERNATIONAL TRANSFERS

    Fether is based in the United States. The personal information that we collect is sent to and stored on servers located in the United States. Such storage is necessary to process the information. Fether operates globally and may transfer the personal data that we collect from you to our other offices and/or to the third parties mentioned in the circumstances described above, which may be situated outside of your country or regional area, and may be processed by staff operating outside of your country or regional area. In particular, the information provided to us or collected by us likely will be transferred to and processed in the United States by us or our Affiliates and our respective agents and contractors. The data protection laws of the United States or other countries may not be as comprehensive or equivalent to those in your country of residence.

    The European Union's General Data Protection Regulation ("GDPR") allows for the transfer of personal data from the European Union to a third country in certain situations. We rely on legally-provided mechanisms to lawfully transfer personal information across borders. For example, we may enter into the EU Standard Contractual Clauses adopted by the EU Commission. More information about the Standard Contractual Clauses is available here.

    12. ADDITIONAL EUROPEAN AND INTERNATIONAL DATA RIGHTS

    The European Union's General Data Protection Regulation and certain other countries data protection laws provide certain rights for data subjects. If you are a resident of the European Economic Area, the United Kingdom, or another country with data protection laws that provide for certain data subject rights, you may submit a request to exercise your rights.

    We respond to all requests we receive from individuals wishing to exercise their data rights following applicable data protection laws.

    Depending on your country of residence, your rights may include:

    • The right to be informed - that's an obligation on us to inform you how we use your personal data (and that's what we're doing in this Privacy Policy);
    • The right of access - that's a right to make what's known as a 'data subject access request' for a copy of the personal data we hold about you;
    • The right to rectification - that's a right to make us correct personal data about you that may be incomplete or inaccurate (though we generally recommend first making any changes in your account);
    • The right to erasure (also known as the 'right to be forgotten') - that's where in certain circumstances you can ask us to delete the personal data we have about you (unless there's an overriding legal reason we need to keep it);
    • The right to restrict processing - that's a right for you in certain circumstances to ask us to suspend processing personal data;
    • The right to data portability - that's a right for you to ask us for a copy of your data in a common format (for example, a .csv file);
    • The right to object - that's a right for you to object to us processing your data (for example, if you object to us processing your data for direct marketing); and
    • Rights to automated decision-making and profiling - that's a right you have for us to be transparent about any profiling we do, or any automated decision-making.
    • Withdraw Consent—that's the right to revoke any consent you may have previously given us at any time if we have collected and processed your personal information with your consent. Withdrawing your consent will not affect the lawfulness of any processing we conducted before your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
    • File a complaint—that's the right to file a complaint with a supervisory authority about our collection and processing of your personal information.

    Exercising Your Rights

    These rights are subject to certain rules around when you can exercise them. If you are located in the European Economic Area and wish to exercise any of the rights set out above, please contact us.

    You will not have to pay a fee to access your data (or to exercise any of the other rights) unless your request is unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

    We may need to request specific information from you to help us confirm your identity and ensure your right to access your data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

    We will respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated as required by law.

    In addition, if you no longer wish to receive our marketing/promotional information, we remind you that you may withdraw your consent to direct marketing at any time directly from the unsubscribe link included in each electronic marketing message we send to you. If you do so, we will promptly update our databases and will take all reasonable steps to meet your request at the earliest possible opportunity, but we may continue to contact you to the extent necessary for providing the Services as requested and/or ordered by you or necessary updates regarding and the Services used by you.

    Finally, you have the right to make a complaint at any time to the supervisory authority for data protection issues in your country of residence. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority, so please contact us first.

    13. HOW TO CONTACT US

    If you have any questions about this Privacy Policy and/or our Cookie Policy, including any requests to exercise your legal rights, please contact us via email at: support@fether.app; Subject Line: Privacy Request