Privacy Policy
Version Effective Date: December 13, 2024.
General Provisions
Please read this Privacy Policy (this “Policy”) to learn how we treat your personal data. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and disclose your information as described in this Privacy Policy.This privacy policy (the “Policy”) describes FUSARA, Inc. (“Fusara”)’s practices with respect to personal data that is collected when you access https://fusara.ai (the “Site”), or access or use the Fusara services, applications, or platform through the Site, Discord servers administered by Fusara, or by any other means (collectively, the “Services”).
As used in this Policy, “personal data” means any information that relates to, describes, could be used to identify an individual, directly or indirectly.
Applicability.
This Policy applies to personal data that Fusara collects, uses, and discloses and which may include:- data collected through the Services,
- data collected through the process of training Fusara machine learning algorithms,
- data collected through Fusara websites,
- data collected from third party sources.
Third party sources may include, but not be limited to: public databases, commercial data sources, and the public internet. When you make purchases, we use third-party payment processors to collect credit card or other financial information. Fusara does not store the credit card or payment information you provide, only confirmation that payment was made.
This Policy does not apply to the following information:
Personal Data about Fusara employees and candidates, and certain contractors and agents acting in similar roles.
Changes
We may update this Policy from time-to-time to reflect changes in legal, regulatory, operational requirements, our practices, and other factors. Please check this Policy periodically for updates. If any of the changes are unacceptable to you, you should cease interacting with us. When required under applicable law, we will notify you of any changes to this Policy.
Definitions:
Through this Policy, You, or Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Fusara Inc. Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Remember that your use of Fusara’s Services is at all times subject to our Terms of Service which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.
Click here to see current Terms of Service.
As we continually work to improve our Services, we may need to change this Policy from time to time. We will alert you of material changes by placing a notice on the Our website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.
Collecting and Using Your Personal Data
2.1 Types of Data Collected
While interacting with the Services, You may provide certain personally identifiable information that could be used to contact or identify You. The categories of identifiable information and data processed and the justification for their collection are as follows:
- Your user name for the Services - Contractual Obligation (Necessary for the performance of the contract, as the user account is needed to provide the service).;
- Text or image prompts and other content such as photos, videos, documents, and messages that you input into the Services - Contractual Obligation (If necessary for providing the service) or Consent (If the data is not required for the core functionality but is used, for example, to improve the service or for analytics).;
- Your IP address - Contractual Obligation (If required for the service to work, e.g., geolocation);- Usage Data - Legitimate Interest (For analytics, service improvement);
- Tracking Technologies and Cookies - Legitimate Interest (For basic site functionality);- Contact Information - Contractual Obligation (If necessary for providing the service);
- Organizational Information like your company title - Legitimate Interest (If necessary for business interaction);
- Your Email - Contractual Obligation (If required for registration, communication regarding the service);
- Other data that you elect to send to Fusara, such as your survey responses or information you include in communications to us - Consent (If voluntarily provided).
2.2 Use of Your Personal Data
Fusara may use Personal Data for the following purposes:
- To provide, maintain, and improve our Service, including to monitor the usage of our Service.
- To manage Your account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information 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 Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
Other Permitted Purposes for Processing Personal Data
In addition, each of the above referenced categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, Fusara or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice or obtaining your consent.
Categories of Sources of Personal Data
We collect Personal Data about you from the following categories of sources:
You
When you provide such information directly to us.
When you create an account or use our interactive tools and Services.
When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
When you send us an email or otherwise contact us.
When you use the Services and such information is collected automatically.
Through Cookies (defined in the “Tracking Tools, Advertising and Opt-Out” section below).
If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable.
If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.
Third Parties
Advertising Partners
We receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements or communications.
Disclosing of Your Personal Data
We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data.
1. We may share Your personal information in the following situations:
With Service Providers, Third Party Vendors, Consultants, and other Business Partners:
We may share Your personal information with these parties in order to provide services on our behalf, monitor and analyze the use of our services, contact You, and for the reasons stated in the Agreement. Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers:
We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With Your consent:
We may disclose Your personal information for any other purpose with Your consent.
With Law Enforcement:
Under certain circumstances, Fusara may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). To the extent we receive a request from Law Enforcement for Your personal data, we will promptly notify You and provide You with a copy of the request, unless we are legally prohibited from doing so.
With Other Parties in order to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
2. Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
3. Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to - and maintained on - computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Using of Cookies
The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.We use the following types of Cookies:
Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising.
Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled “Information about Interest-Based Advertisements.”You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.
Personal Data Security
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.
Children’s Privacy
As noted in the Terms of Service our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. Fusara reserves the right to amend these Policy at any time. The new version of the Terms of Service becomes effective upon its publication on our website- https://fusara.ai. Please review the most recent version of the Terms to stay informed about all terms and conditions governing your use of the Fusara Services.We will notify You of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes.
California Resident Rights
If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights under the State Privacy Laws” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at the e-mail - ai@fusara.ai.
Access
You have the right to request certain information about our collection and use of your Personal Data. In response, we will provide you with the following information in the past 12 months:
The categories of Personal Data that we have collected about you.
The categories of sources from which that Personal Data was collected.
The business or commercial purpose for collecting or selling your Personal Data.
The categories of third parties with whom we have shared your Personal Data.
The specific pieces of Personal Data that we have collected about you.
If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.You may request the above information beyond the 12-month period, but no earlier than January 1, 2022. If you do make such a request, we are required to provide that information unless doing so proves impossible or would involve disproportionate effort.
Deletion
You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested, or if deletion of your Personal Data involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Correction
You have the right to request that we correct any inaccurate Personal Data we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Personal Data, that such data is correct. If your correction request is subject to one of these exceptions, we may deny your request.
Personal Data Sales and Shares Opt-Out
We will not sell or share your Personal Data, and have not done so over the last 12 months. To our knowledge, we do not sell or share the Personal Data of minors under 16 years of age.Consumers have certain rights over the processing of their Sensitive Personal Information. However, we do not collect Sensitive Personal Information.
We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA.
Exercising Your Rights under the State Privacy Laws
To exercise the rights described in this Privacy Policy, you or, if you are a California, Colorado or Connecticut resident, your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.We will work to respond to your Valid Request within the time period required by applicable law. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
Other State Law Privacy Rights
California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; we do not currently disclose your Personal data to third parties for direct marketing purposes.
Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
European Union and United Kingdom Data Subject Rights
EU and UK Residents
If you are a resident of the European Union (“EU”), United Kingdom (“UK”), Lichtenstein, Norway or Iceland, you may have additional rights under the EU or UK General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Fusara will be the controller of your Personal Data processed in connection with the Services.If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at ai@fusara.ai. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.
Personal Data We Collect
The “Categories of Personal Data We Collect” section above details the Personal Data that we collect from you.
Personal Data Use and Processing Grounds
The “Our Commercial or Business Purposes for Collecting Personal Data” section above explains how we use your Personal Data.We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
Contractual Necessity:
We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.- Profile or Contact Data, Identifiers, Payments Data, Sensory Data
Legitimate Interest:
We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties:- Commercial Data, Device or IP Data, Geolocation Data, Web Analytics- We may also de-identify or anonymize Personal Data to further our legitimate interests.Examples of these legitimate interests include (as described in more detail above):
Providing, customizing and improving the Services.
Marketing the Services.Corresponding with you.
Meeting legal requirements and enforcing legal terms.
Completing corporate transactions.
Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
Disclosing Personal Data
The “How We Disclose Your Personal Data” section above details how we disclose your Personal Data with third parties.
EU, UK and Swiss Data Subject Rights
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at ai@fusara.ai. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by logging on to your account.
Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
Erasure: You can request that we erase some or all of your Personal Data from our systems.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Transfers of Personal Data
The Services are hosted and operated in the United States (“U.S.”) through Fusara and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Fusara in the U.S. and will be hosted on U.S. servers, and you authorize Fusara to transfer, store and process your information to and in the U.S., and possibly other countries.
Your Rights and Choices
The CCPA provides individuals residing in California or whose Personal Information was collected in California with specific rights regarding their Personal information. The below describes your rights and how you may exercise them.
Access to Specific Information and Data Portability Rights
You have the right to request that Fusara disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once Fusara receives and confirms your verifiable information access request, Fusara must 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, if applicable, selling that Personal Information;- the categories of third parties with whom we share that Personal Information;- the specific data points or pieces of Personal Information we collected about you. If we disclosed for a business purpose or sold your Personal Information, Fusara must also provide separate lists that:- identify the personal information categories that were sold to each category of recipient in connection with sales of your Personal Information;- identify the personal information categories that were provided to each category of recipient in connection with business purposes disclosures of your Personal Information.
Deletion Request Rights
You have the right to request that Fusara delete any of your Personal Information that we collected from you and/or retained. Unless subject to a certain limited exception, once Fusara receives and confirms your verifiable data deletion request, we will delete (and direct our service providers to delete) your personal information from our records. Fusara will notify you promptly if it determines it must deny your deletion request.
Do Not Sell Opt-Out Rights
You have the right to opt-out of any sales, as defined by the CCPA, of Personal Information by Fusara. However, Fusara does not sell your information.
EXERCISING YOUR RIGHTS
To exercise your access, data portability, and deletion or do not sell opt-out rights described above, please visit www.Fusara.com/account and follow the instructions listed at the bottom of the page to delete your account and data (including any survey responses). You may only make a verifiable consumer request for access or data portability up to two times within a 12-month period. You may make a verifiable do not sell opt-out request at any time. Any such request must: - provide sufficient information that allows Us to reasonably verify that you are the person about whom we collected personal information or an authorized representative thereof;- describe your request with sufficient detail such that we may understand, evaluate, and respond to it. Fusara 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. Making a verifiable consumer request does not require you to create an account with Fusara. Fusara will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information.
Contact Information
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:
E-mail - ai@fusara.ai.
General Provisions
Please read this Privacy Policy (this “Policy”) to learn how we treat your personal data. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and disclose your information as described in this Privacy Policy.This privacy policy (the “Policy”) describes FUSARA, Inc. (“Fusara”)’s practices with respect to personal data that is collected when you access https://fusara.ai (the “Site”), or access or use the Fusara services, applications, or platform through the Site, Discord servers administered by Fusara, or by any other means (collectively, the “Services”).
As used in this Policy, “personal data” means any information that relates to, describes, could be used to identify an individual, directly or indirectly.
Applicability.
This Policy applies to personal data that Fusara collects, uses, and discloses and which may include:- data collected through the Services,
- data collected through the process of training Fusara machine learning algorithms,
- data collected through Fusara websites,
- data collected from third party sources.
Third party sources may include, but not be limited to: public databases, commercial data sources, and the public internet. When you make purchases, we use third-party payment processors to collect credit card or other financial information. Fusara does not store the credit card or payment information you provide, only confirmation that payment was made.
This Policy does not apply to the following information:
Personal Data about Fusara employees and candidates, and certain contractors and agents acting in similar roles.
Changes
We may update this Policy from time-to-time to reflect changes in legal, regulatory, operational requirements, our practices, and other factors. Please check this Policy periodically for updates. If any of the changes are unacceptable to you, you should cease interacting with us. When required under applicable law, we will notify you of any changes to this Policy.
Definitions:
Through this Policy, You, or Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Fusara Inc. Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Remember that your use of Fusara’s Services is at all times subject to our Terms of Service which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.
Click here to see current Terms of Service.
As we continually work to improve our Services, we may need to change this Policy from time to time. We will alert you of material changes by placing a notice on the Our website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.
Collecting and Using Your Personal Data
2.1 Types of Data Collected
While interacting with the Services, You may provide certain personally identifiable information that could be used to contact or identify You. The categories of identifiable information and data processed and the justification for their collection are as follows:
- Your user name for the Services - Contractual Obligation (Necessary for the performance of the contract, as the user account is needed to provide the service).;
- Text or image prompts and other content such as photos, videos, documents, and messages that you input into the Services - Contractual Obligation (If necessary for providing the service) or Consent (If the data is not required for the core functionality but is used, for example, to improve the service or for analytics).;
- Your IP address - Contractual Obligation (If required for the service to work, e.g., geolocation);- Usage Data - Legitimate Interest (For analytics, service improvement);
- Tracking Technologies and Cookies - Legitimate Interest (For basic site functionality);- Contact Information - Contractual Obligation (If necessary for providing the service);
- Organizational Information like your company title - Legitimate Interest (If necessary for business interaction);
- Your Email - Contractual Obligation (If required for registration, communication regarding the service);
- Other data that you elect to send to Fusara, such as your survey responses or information you include in communications to us - Consent (If voluntarily provided).
2.2 Use of Your Personal Data
Fusara may use Personal Data for the following purposes:
- To provide, maintain, and improve our Service, including to monitor the usage of our Service.
- To manage Your account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information 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 Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
Other Permitted Purposes for Processing Personal Data
In addition, each of the above referenced categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, Fusara or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice or obtaining your consent.
Categories of Sources of Personal Data
We collect Personal Data about you from the following categories of sources:
You
When you provide such information directly to us.
When you create an account or use our interactive tools and Services.
When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
When you send us an email or otherwise contact us.
When you use the Services and such information is collected automatically.
Through Cookies (defined in the “Tracking Tools, Advertising and Opt-Out” section below).
If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable.
If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.
Third Parties
Advertising Partners
We receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements or communications.
Disclosing of Your Personal Data
We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data.
1. We may share Your personal information in the following situations:
With Service Providers, Third Party Vendors, Consultants, and other Business Partners:
We may share Your personal information with these parties in order to provide services on our behalf, monitor and analyze the use of our services, contact You, and for the reasons stated in the Agreement. Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers:
We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With Your consent:
We may disclose Your personal information for any other purpose with Your consent.
With Law Enforcement:
Under certain circumstances, Fusara may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). To the extent we receive a request from Law Enforcement for Your personal data, we will promptly notify You and provide You with a copy of the request, unless we are legally prohibited from doing so.
With Other Parties in order to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
2. Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
3. Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to - and maintained on - computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Using of Cookies
The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.We use the following types of Cookies:
Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising.
Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled “Information about Interest-Based Advertisements.”You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.
Personal Data Security
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.
Children’s Privacy
As noted in the Terms of Service our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. Fusara reserves the right to amend these Policy at any time. The new version of the Terms of Service becomes effective upon its publication on our website- https://fusara.ai. Please review the most recent version of the Terms to stay informed about all terms and conditions governing your use of the Fusara Services.We will notify You of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes.
California Resident Rights
If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights under the State Privacy Laws” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at the e-mail - ai@fusara.ai.
Access
You have the right to request certain information about our collection and use of your Personal Data. In response, we will provide you with the following information in the past 12 months:
The categories of Personal Data that we have collected about you.
The categories of sources from which that Personal Data was collected.
The business or commercial purpose for collecting or selling your Personal Data.
The categories of third parties with whom we have shared your Personal Data.
The specific pieces of Personal Data that we have collected about you.
If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.You may request the above information beyond the 12-month period, but no earlier than January 1, 2022. If you do make such a request, we are required to provide that information unless doing so proves impossible or would involve disproportionate effort.
Deletion
You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested, or if deletion of your Personal Data involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Correction
You have the right to request that we correct any inaccurate Personal Data we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Personal Data, that such data is correct. If your correction request is subject to one of these exceptions, we may deny your request.
Personal Data Sales and Shares Opt-Out
We will not sell or share your Personal Data, and have not done so over the last 12 months. To our knowledge, we do not sell or share the Personal Data of minors under 16 years of age.Consumers have certain rights over the processing of their Sensitive Personal Information. However, we do not collect Sensitive Personal Information.
We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA.
Exercising Your Rights under the State Privacy Laws
To exercise the rights described in this Privacy Policy, you or, if you are a California, Colorado or Connecticut resident, your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.We will work to respond to your Valid Request within the time period required by applicable law. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
Other State Law Privacy Rights
California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; we do not currently disclose your Personal data to third parties for direct marketing purposes.
Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
European Union and United Kingdom Data Subject Rights
EU and UK Residents
If you are a resident of the European Union (“EU”), United Kingdom (“UK”), Lichtenstein, Norway or Iceland, you may have additional rights under the EU or UK General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Fusara will be the controller of your Personal Data processed in connection with the Services.If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at ai@fusara.ai. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.
Personal Data We Collect
The “Categories of Personal Data We Collect” section above details the Personal Data that we collect from you.
Personal Data Use and Processing Grounds
The “Our Commercial or Business Purposes for Collecting Personal Data” section above explains how we use your Personal Data.We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
Contractual Necessity:
We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.- Profile or Contact Data, Identifiers, Payments Data, Sensory Data
Legitimate Interest:
We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties:- Commercial Data, Device or IP Data, Geolocation Data, Web Analytics- We may also de-identify or anonymize Personal Data to further our legitimate interests.Examples of these legitimate interests include (as described in more detail above):
Providing, customizing and improving the Services.
Marketing the Services.Corresponding with you.
Meeting legal requirements and enforcing legal terms.
Completing corporate transactions.
Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
Disclosing Personal Data
The “How We Disclose Your Personal Data” section above details how we disclose your Personal Data with third parties.
EU, UK and Swiss Data Subject Rights
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at ai@fusara.ai. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by logging on to your account.
Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
Erasure: You can request that we erase some or all of your Personal Data from our systems.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Transfers of Personal Data
The Services are hosted and operated in the United States (“U.S.”) through Fusara and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Fusara in the U.S. and will be hosted on U.S. servers, and you authorize Fusara to transfer, store and process your information to and in the U.S., and possibly other countries.
Your Rights and Choices
The CCPA provides individuals residing in California or whose Personal Information was collected in California with specific rights regarding their Personal information. The below describes your rights and how you may exercise them.
Access to Specific Information and Data Portability Rights
You have the right to request that Fusara disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once Fusara receives and confirms your verifiable information access request, Fusara must 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, if applicable, selling that Personal Information;- the categories of third parties with whom we share that Personal Information;- the specific data points or pieces of Personal Information we collected about you. If we disclosed for a business purpose or sold your Personal Information, Fusara must also provide separate lists that:- identify the personal information categories that were sold to each category of recipient in connection with sales of your Personal Information;- identify the personal information categories that were provided to each category of recipient in connection with business purposes disclosures of your Personal Information.
Deletion Request Rights
You have the right to request that Fusara delete any of your Personal Information that we collected from you and/or retained. Unless subject to a certain limited exception, once Fusara receives and confirms your verifiable data deletion request, we will delete (and direct our service providers to delete) your personal information from our records. Fusara will notify you promptly if it determines it must deny your deletion request.
Do Not Sell Opt-Out Rights
You have the right to opt-out of any sales, as defined by the CCPA, of Personal Information by Fusara. However, Fusara does not sell your information.
EXERCISING YOUR RIGHTS
To exercise your access, data portability, and deletion or do not sell opt-out rights described above, please visit www.Fusara.com/account and follow the instructions listed at the bottom of the page to delete your account and data (including any survey responses). You may only make a verifiable consumer request for access or data portability up to two times within a 12-month period. You may make a verifiable do not sell opt-out request at any time. Any such request must: - provide sufficient information that allows Us to reasonably verify that you are the person about whom we collected personal information or an authorized representative thereof;- describe your request with sufficient detail such that we may understand, evaluate, and respond to it. Fusara 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. Making a verifiable consumer request does not require you to create an account with Fusara. Fusara will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information.
Contact Information
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:
E-mail - ai@fusara.ai.