FACTUAL SITE PRIVACY POLICY

Effective Date: August 30th, 2019

Factual helps companies and other organizations better understand and engage with consumers and markets by using location data.

This is Factual’s Site Privacy Policy. For information on data Factual’s collection, use and sharing of consumer data for Factual services and information on consumer data protection rights, please see the Factual Services Privacy Policy.

Sections:
  1. What does this policy cover?
  2. What Site Data does Factual collect and how do we use it?
  3. Cookies and similar technologies
  4. Does Factual share personal information?
  5. Links to other websites, apps and services
  6. U.S. interest based advertising opt-out
  7. Emails from Factual
  8. Children’s privacy
  9. More Information for users from the EEA, UK and Switzerland
    1. What is the legal basis on which Factual relies to process Site Data?
    2. Privacy Shield
    3. Consumer rights for individuals in the EEA, UK or Switzerland
    4. Who is responsible for your information?
  10. Data retention
  11. Changes to this Site Privacy Policy
  12. Factual contact information

1. What does this policy cover?.

This Site Privacy Policy outlines Factual’s collection, use and sharing of information from www.factual.com and any other Factual websites or apps that link to this policy (collectively, “Site“). This Site Privacy Policy also covers information Factual obtains in connection with managing our business and relationships, such as customers, suppliers, and vendors, and in the course of communicating about our services. We’ll refer to that information as “Site Data“.

This Policy describes applicable data protection rights including a right to object to some of our processing.

2. What Site Data does Factual collect and how do we use it?

Factual collects the following information:

Categories of Site Data What Site Data Collected and How We Use It
Contact information*
  • If you register for a Factual account or enter into an agreement with Factual, Factual collects contact information, including name and email address.
  • If you opt to provide contact information in connection with a Factual app, Factual stores that information.
  • If you contact Factual via the Site’s contact page or any other means (e.g., sending us an email), Factual collects the contact information provided including name and email address.
  • Factual uses email addresses for marketing and for non-marketing communications, such as to send you messages related to our transactions or relationship with you.
Billing and payment information*
  • If you utilize our paid Services, Factual also collects billing information as needed to collect payment.
  • If you receive payments from Factual, Factual collects information as needed to make such payments.
Site usage information
  • Factual automatically collects information such as IP addresses, mobile device identifiers, pages, sections or screens of the Site accessed by you, browser type and language, and the date and time of visits.
  • Factual also works with third-party service providers, such as Google Analytics and Google Firebase Analytics, which collect information about use of the Site and across other sites and apps over time. Data collected via Google Analytics and Google Firebase Analytics may be connected to other data that Factual has. To learn more about how Google collects and processes data and the choices you may have to control these activities, please visit http://www.google.com/intl/en/policies/privacy/partners.
  • Factual uses Site usage information to track and facilitate use of the Site, and understand trends.
App data
  • Factual collects data from its own mobile apps, including geolocation data and other mobile device data. Geolocation data means precise geolocation data from or about a device (e.g., latitude-longitude coordinates), and may be linked to a mobile advertising identifier.
  • We use this information to demonstrate, validate, and improve our services, and to understand more about which devices you have and how you use them.

 

For you to use some features of this Site or to create and use a Factual account, Factual will ask you to provide certain information as described below. If you communicate with us, Factual will collect any information that you provide.

Please note that Factual’s apps are not available to the public and are designed for limited use by friends of Factual or prospective customers only.

*To review or update your contact, billing or payment information maintained by Factual, you can contact your account manager or contact us via our contact form.

3. Cookies and similar technologies

Site usage information and app data are collected automatically when you visit or use the Site. Factual or its analytics provider, Google, will place one or more cookies or similar technologies (“Cookies“) on your computer or device if you visit or use our Site. Most web browsers are set up to accept Cookies. You may be able to set your browsers to warn you before accepting certain Cookies or to refuse certain Cookies. However, if you disable the use of Cookies, some features of the Site may be difficult to use or inoperable/unavailable. Moreover, these browser tools may not stop all collection of data for analytics purposes.

4. Does Factual share personal information?

Factual treats Site Data as personal information when it is defined as personal information by applicable law. Factual discloses such Site Data in limited circumstances as described below:

Categories of recipients Purpose of sharing
Government, law enforcement, or regulatory body Factual will disclose personal information if it believes that such action is necessary to comply or assist with applicable laws or regulatory investigations, or to respond to a court order, judicial or other government subpoena, warrant, or law enforcement request.
Factual’s service providers Factual shares personal information with service providers that help it operate or improve the Site, such as Amazon Web Services, Google Analytics and Google Firebase Analytics. These service providers are authorized to use your personal information only for the purpose of providing services to Factual.
Factual’s affiliates and joint venture partners Factual will share personal information with its affiliates, strategic business partners and joint venture partners as necessary to operate Factual’s business. For example, Factual may share personal information with a subsidiary that is responsible for providing Factual’s services in a given region.
Acquiror or merger entity In the event that Factual is acquired by or merged with a third-party entity or is potentially going to be acquired by or merged with a third-party entity, in any partial or total sale of assets including in the event of bankruptcy, or in any other corporate change, Factual may transfer or assign the personal information as part of that actual or potential corporate change
Other Factual may also disclose personal information: (a) with your consent; or (b) if it believes it will help to protect Factual, its customers, or any other person or third party, or to enforce any legal rights.

 

5. Links to other websites, apps and services

The Site may provide links to third-party websites or apps, including social media pages. The Site may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share personal information or you otherwise interact with these features, those companies may collect information about you and may use and share such information in accordance with your account settings, including by sharing such information with us and the general public.

We do not control the privacy practices of these third parties, and they are not covered by this privacy notice. You should review their privacy notices to learn about their data practices.

6. U.S. interest based advertising opt-out

Factual may use Site Data and combine that information with other information collected on non-affiliated websites or applications over time. We may use the information collected to provide you with relevant advertising on other websites and apps. This is called interest-based advertising.

Factual is a member of the Network Advertising Initiative (“NAI“) and adheres to the NAI Code of Conduct as described on the NAI website. Factual also adheres to the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles as described on the DAA website.

To find out more about interest-based advertising in the web environment, and to opt-out of information collection for this purpose by Factual and other companies that participate in the Network Advertising Initiative or the Digital Advertising Alliance, visit NAI’s opt-out page or DAA’s Consumer Choice Page.

Users who opt out may continue to receive interest-based advertising from other companies. Additionally, companies subject to your opt-out choice may continue to collect, use, and transfer data for purposes other than interest-based advertising. If you use a different browser or device, you will need to renew your opt-out choice.

7. Emails from Factual

We may communicate with you by email (with your consent if required by law). If you no longer want to receive marketing emails, please follow the unsubscribe instructions within the email. If you are in the EEA, UK or Switzerland, you can also exercise the rights described below in Consumer rights for individuals in the EEA, UK or Switzerland.

8. Children’s privacy

Factual does not knowingly collect personal information from children under 16 years old (“Minimum Age“). You should not use the Site, create a Factual account or enter into any agreement with us unless you are legally old enough to form a binding contract and in any case are greater than the Minimum Age. In the unlikely event that you are the parent or legal guardian of a child under the Minimum Age who has provided Factual with personal information, please contact privacy@factual.com to have your child’s personal information removed.

 

9. More Information for users from the EEA, UK and Switzerland

 

a. What is the legal basis on which Factual relies to process Site Data?

Categories of Data Lawful Basis
Contact Information*

Legitimate Interest

In addition, consent is obtained for marketing email where required by applicable law.

Billing Information* To fulfill the contract
Site usage information

Legitimate Interest

In addition, where cookies are used to gather Site usage information, consent is obtained where required by applicable law.

App data Consent

 

*To review or update your contact, billing or payment information maintained by Factual, you can contact your account manager or contact us via our contact form.

b. Privacy Shield.

Factual complies with the E.U.-U.S. and Swiss-U.S. Privacy Shield frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from the EEA, the UK, and Switzerland. Factual certifies that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov.

Factual is accountable for information that it receives under Privacy Shield and subsequently transfers to a third party, including third-parties that Factual engages to process this information on its behalf. We are subject to the investigatory and enforcement powers of the United States Federal Trade Commission.

We are committed to resolving complaints about our collection or use of personal data. If you have inquiries or complaints regarding this Privacy Policy, we encourage you to contact us at privacy@factual.com. If we do not respond in a timely manner or your complaint remains unresolved, you may file a complaint with JAMS. For more information, please visit https://www.jamsadr.com/eu-us-privacy-shield. You may also have the right to invoke binding arbitration for unresolved complaints, as described in Annex I to the Privacy Shield Principles.

c. Consumer rights for individuals in the EEA, UK or Switzerland

You may ask Factual for a copy of your information to correct it, erase it, and to transfer it to other organizations at your request.

In addition, you can object to the processing of your personal data where for example you want to opt-out of Factual using your personal data for direct marketing purposes.

Wherever we rely on your consent, you will also be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes.

These rights may be limited in certain circumstances, for example if fulfilling your request would reveal personal data about another person, where they would infringe the rights of a third party (including our rights) or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. Relevant exemptions are included in both the GDPR and in local implementing legislation. We will inform you of relevant exemptions we rely upon when responding to any request you make.

To exercise any of these rights, or to obtain other information, such as a copy of a legitimate interests balancing test, you can get in touch with us – or our data protection officer – using the details set out below.

We want to satisfy queries you may have about the way Factual processes your data. Please contact us with any questions at privacy@factual.com or the information provided below.

However, if you have unresolved concerns you may also have the right to make a complaint to the relevant data protection supervisory authority or to seek a remedy through the courts if you believe that your rights have been breached.

d. Who is responsible for your information?

Factual, Inc. is the data controller of personal data submitted on or gathered via our Site and that we obtain in connection with managing our business and relationships, such as customers, suppliers, and vendors, and in the course of communicating about our services.

If you have any questions or comments, please contact Factual at privacy@factual.com or at the information provided below.

10. Data retention

Contact, payment, and billing information: We will keep this information for (a) managing our business relationships for such period as Factual considers reasonably necessary (e.g., to conduct final billing and payment, to resolve any outstanding deliverables, etc.) for up to 36 months from your last interaction with Factual; (b) marketing purposes for up to 36 months from your last interaction with us unless you opt out of receiving marketing messages; or, (c) for other business purposes (such as legal, accounting, or auditing) for as long as required by law or such period as Factual considers reasonably necessary for its legal or business interests (usually up to 10 years).

Site usage information: We will keep information for analytics and marketing purposes up to 36 months from the time of collection, or such shorter period as required by law.

App data: We keep this information for up to 36 months from the time of collection.

After the time periods above, Factual will delete your information. However, Factual may retain your information beyond these time periods if required by law.

11. Changes to this Site Privacy Policy

This Site Privacy Policy may be revised periodically; please revisit this page regularly to remain up to date on any changes.

12. Does Factual share User information?

Please contact us with any questions or comments about this Site Privacy Policy or our practices at:

General privacy email: privacy@factual.com

Data Protection Officer email: DPO@factual.com

General contact address:

Factual
P.O. Box 49348
Los Angeles, CA 90049, USA

Representative address in the EEA, the UK and Switzerland:

Factual 
90 Fetter Lane
London EC4A 1JP