Fabius Privacy Policy

Last Updated: September 7th, 2022

Fabius Technologies, Inc. (“Fabius,” “we,” “us,” or “our”) welcomes you. Our collection and use of information from visitors of our Website and Customers of our Product and related services (collectively with the Website and Product, the “Services”) is subject to the following privacy policy (the “Privacy Policy”), which may be updated by us from time to time without notice to you.

By accessing or using the Services, or otherwise manifesting your assent to this Privacy Policy, you agree to be bound by this Privacy Policy, and, as applicable, the Terms of Use and Master Software Agreement (collectively referred to as the Agreement). If you do not agree to (or cannot comply with) all of the terms of this Agreement, you may not access or use the Services.

If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity and any Authorized Users.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use or the Master Software Agreement, as applicable.

THE INFORMATION WE COLLECT AND HOW WE USE IT
In the course of operating the Services, Fabius Technologies collects or receives the following types of information from you, which may include personal information.

Contact Information
We collect contact information through our Services; contact information typically includes your name, email address, and any information you provide in messages to us. We use such contact information for purposes such as providing you with information about the Services, responding to your inquiries, sending you email alerts (including marketing emails), registering you as an Authorized User of the Product, and providing you the Services.

Activity Information
We will have access to any Customer Content that you submit to us for our services. Customer content includes: (i) the data Customer, or its Client, as applicable, permits  Fabius Technologies to access in order to perform analysis, reporting, and other services with, (ii) configuration information to connect to the relevant systems, such as passwords and user identifications, and (iii) other information provided to Fabius Technologies to help configure how our services operate, such as notification preferences. We only access and use the Customer Content to provide you our services.

Server Log Information
Our servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of such access, including the device’s IP address, user agent string (e.g., operating system and browser type/version), and the pages you’ve clicked on while on our Services (or pages of third-party websites (“External Sites”) in which our services are called), and details regarding your activity on the Services such as time spent on the Services and other similar data with respect to how you use the Services. We may use these log files for purposes such as assisting in monitoring and troubleshooting errors and incidents, analyzing traffic, or optimizing the user experience.

Cookies
We may collect information using “cookie” and other similar technologies. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive (or other storage medium) so that your computer will “remember” information about your use. We use both first and third party session cookies and persistent cookies. Below is a general primer on session and persistent cookies; information collected by cookies depends on its particular purpose. For more information, please see the information regarding analytics providers discussed further below.

- Session Cookies: We use session cookies to make it easier for you to navigate our Services. A session ID cookie expires when you close the Services.
- Persistent Cookies: A persistent cookie remains on your device for an extended period of time or until you delete them. Persistent cookies enable us to track and target the interests of our visitors to personalize the experience on our Services.  Also, to the extent we provide a log-in portal or related feature on our Services, persistent cookies can be used to store your passwords so that you don’t have to enter it more than once.

If you do not want us to place a cookie on your device, you may be able to turn that feature off on your device. Please consult your browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, certain aspects of the Services may not function properly or as intended.

Third-Party Analytics Providers
We use one or more third–party analytics services to evaluate your use of the Services, as the case may be, by compiling reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections of the Services you visit, number of links clicked, search terms and other similar data with respect to how you use the Services) and analyzing performance metrics. These third parties use cookies and other technologies to help collect, analyze, and provide us reports or other data.

By accessing and using the Services, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Services.

For Google Analytics, please visit: https://www.google.com/analytics

Aggregate Data
In an ongoing effort to better understand our users and the Services, we might analyze data with respect to how you use the Services, including Usage Data, alone and in combination with other data (including anonymized elements of the Customer Content), and may use such combined data in an aggregate and anonymous manner to operate, maintain, manage, and improve the Services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics to describe the Services to current and prospective business partners and to other third parties for other lawful purposes.

Onward Transfer to Third Parties
Like many businesses, we hire other companies to perform certain business-related services. We may disclose personal information to certain types of third party companies but only to the extent needed to enable them to provide such services. The types of companies that may receive personal information and their functions are: hosting services, technical assistance, database management/back-up services, usage analytics, email marketing platforms, customer service, collaboration services, authentication services, and authorization services. To provide our Services and administer promotional programs, we may share your personal information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs. We may, from time to time, share and/or license personal information to other companies who may provide you information about the products and services they or their partners offer.  However, to the extent required by law, you will be given the opportunity to opt out of such sharing. We will share Customer Content as instructed by you, such as when you use the Product to combine data between one or more integrated platforms.We may also disclose personal information to our parent companies, subsidiaries, affiliates, joint ventures, or other companies under common control to support the marketing and sale of our products and services.

Personal Data
A Data Subject is an identified or identifiable natural person whose Personal Data is processed by a controller or processor. Personal Data is any information related to a ‘Data Subject’, that can be used to directly or indirectly identify the Data Subject.

Processors
Any Service Provider that Fabius engages that might access or process Personal Data is considered a Processor. Fabius performs security and privacy reviews for all Processors before engaging with them.

Current Processors:
1) Amazon Web Services, Inc. - Cloud Hosting
2) MongoDB, Inc. - Cloud Hosting
3) Gong.io, Inc. - Customer/Prospect Call Recording and Transcription
4) Google, Inc. - Document and Cloud Management
5) OpenAI, L.L.C. - Machine Learning (ML) Model Service

We require all processors to sign a DPA with us, similar to the DPA that we sign with our clients.
Fabius Technologies, Inc. only discloses Personal Data when necessary to power our services for our Clients.

Legal Disclosure
In order to comply with lawful requests, subpoenas, search warrants, or orders by public authorities, Fabius may disclose Personal Data.Fabius may disclose Personal Data while addressing violations of the law or when responding to a legal claim.

Data Access, Deletion, or Export
Data Subjects can access their Personal Data and restrict the processing of their Personal Data by making a request to Fabius. They can also make requests to either delete the data or export the data that Fabius has on them.If you would like to make a request as a Data Subject, please complete the following steps:

- Data Request: Send an email to privacy@fabius.io with subject 'Data Access Request' and provide your request for Access, Rectification, Objection, Restriction, Deletion, or Export. Please note that if you have an account with us and request restriction to information we need to manage your account, we may be unable to keep your account active.
- Identify Verification: We will follow up with steps to verify your identity.
- Execution of Request: Once your identity is verified, we will move forward with the data request.

Business Transfers
In the event of a merger, dissolution, reorganization or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal information, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Policy. This policy shall be binding upon Fabius Technologies and its legal successors in interest.Disclosure to Public AuthoritiesWe are required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.

OPT-OUT FOR DIRECT MARKETING; EMAIL MANAGEMENT
You may opt out at any time from the use of your personal information for direct marketing purposes by emailing the instructions to privacy@fabius.io or by clicking on the “Unsubscribe” link located on the bottom of any Fabius Technologies marketing email and following the instructions found on the page to which the link takes you. Please allow us a reasonable time to process your request. You cannot opt out of receiving transactional emails related to the Services.

HOW WE PROTECT YOUR INFORMATION
Fabius Technologies takes very seriously the security and privacy of the personal information that it collects pursuant to this Privacy Policy. Accordingly, we implement reasonable security measures designed to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and to comply with applicable laws and regulations.  Please understand, however, that no security system is impenetrable.  We cannot guarantee the security of our databases or the databases of the third parties with which we may share your information (as permitted herein), nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet.  In particular, email sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via email.

CHILDREN
We do not knowingly collect personal information from children under the age of 13 through the Services. If you are under 13, please do not give us any personal information.  We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide personal information without their permission.  If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us at privacy@fabius.io, and we will endeavor to delete that information from our databases.

CALIFORNIA PRIVACY RIGHTS
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact Fabius via email at privacy@fabius.io.

DO NOT TRACK
Fabius Technologies does not respond to “Do Not Track” settings or other related mechanisms at this time.

NEVADA PRIVACY RIGHTS
If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us at privacy@fabius.io with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.

LINKS TO EXTERNAL WEBSITES
The Services may contain links to third-party websites (“External Sites”). Fabius Technologies has no control over the privacy practices or the content of any such External Sites.  As such, we are not responsible for the content or the privacy policies of such External Sites. You should check the applicable privacy policy and terms of use when visiting any such External Sites.

CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is effective as of the last updated date stated at the top of this Privacy Policy.  We may change this Privacy Policy from time to time with or without notice to you. By accessing the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes.  Please be aware that, to the extent permitted by applicable law, our use of the information collected is governed by the Privacy Policy in effect at the time we collect the information.  Please refer back to this Privacy Policy on a regular basis.

HOW TO CONTACT US
If you have questions about this Privacy Policy, please email us at privacy@fabius.io with “Privacy Policy” in the subject line.