Privacy Policy

Fogza Inc. (“we” or “Company”) respects your privacy and is committed to protecting your personal data as you (“you” or “User”) use our Services. This Privacy Policy (this “Policy”) describes how we collect, use, and handle your personal data when you use our platforms, websites, and services (“Services”).
If you have any questions regarding this Policy or our privacy practices, please contact our Data Protection Department listed in this Policy. It is crucial that you thoroughly read and understand the terms of this Policy, as it details your rights concerning your personal data under applicable data protection laws. Please note that this Policy should be read in conjunction with our Terms of Service as well as any other privacy notices we may issue in relation to specific occasions or services.

Collection and Use of Personal Data

Personal information, or personal data, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data)
During your use of the Services or any interaction with us, we may collect and use the following types of personal data below:

• Account details (such as e-mail address, password, etc.)
• Payment information (such as credit card details, bank details, etc)
• Transactional information (such as details about payments made to and from you, other details of services you have purchased from us, etc.)
• Usage information (such as information about how you use our Services, interests, preferences, feedback and survey responses, actions you take using your account or Services, interaction events, access history, record of unauthorized usages, text data, voice data etc.)
• Technical information (internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, device information, etc.)
• Marketing and communication information (such as your communication preferences, and your preferences in receiving marketing from us, etc.)

Method of Personal Data Collection

We collect personal data from and about you through various methods, including:

• Direct Interactions: You may provide personal data to us directly by filling out forms or communicating with us through our Services, by phone, email, or other channels. This typically occurs when you apply for our products or Services, create an account, subscribe to our updates or publications, request or consent to marketing communications, or when you provide feedback or contact us directly.
• Automated Technologies and Cookies: As you interact with our Services, we may automatically collect technical data about your device, browsing actions, and usage patterns. This data is gathered through cookies, server logs, and other similar technologies. Cookies refer to small amounts of data that is sent by the server that operates the website or the Services on your browser, which may be stored on the hard disk of your computer. They are used to manage security measures, enhance and develop services, offer personalized Services and provide tailored advertisements through analyzing user access, such as the frequency and timing of access, identify patterns in the user’s usage, track user activities, and access to security measures. You may set your browser to not accept cookies, but this may limit your ability to use the Services. We may also use third-party service providers that set cookies and similar technologies to promote our Services.
• Third Parties or Publicly Available Sources: We may receive your personal data from third parties or publicly available sources, such as Google LLC.

Connected Advertising Accounts

When you connect an advertising account from a third-party platform, such as Meta, Google, or TikTok, we may collect account identifiers and settings, campaign and ad information, creative assets, ad spend, performance metrics, and related metadata through the platform’s APIs, within the permissions you grant. This may include personal data contained in those records.

We may retrieve and synchronize historical and current data available from your connected advertising accounts, including data created before the accounts were connected. Synchronization may occur upon initial connection or subsequently while the accounts remain connected, including through automatic background updates and retrieval of previously unsynchronized historical data. Collection remains subject to applicable platform requirements and any collection limits you expressly select or that we agree with you.

We use this data to provide reporting, analysis, recommendations, and campaign optimization, and to operate and improve these features. Service providers may process this data on our behalf as described in the “Disclosure of Personal data” section below.

You may stop further collection by disconnecting the account or revoking our access through the relevant platform. Previously collected data is retained and deleted in accordance with the “Data Retention” section below and applicable platform requirements. You may request deletion by contacting [email protected].

Purposes of Collecting and Using Personal Data

We process your personal data as follows to facilitate your better use of our Services as follows:

• Membership Registration and Management: to verify intent to register, identify and authenticate users, maintain and manage membership status, prevent unauthorized use of services, and send notifications and other important communications.
• Provision of Services: to deliver Services, send contracts and invoices, facilitate payment and billing, and collect debts as necessary.
• Customer Support: to verify the identity of users making complaints, confirm and address issues, communicate regarding investigation of issues, and notify users of results.
• Marketing and Advertising: to deliver personalized advertisements, provide event information and promotional materials, and offer participation opportunities in promotional activities.
• Service Improvement and Development: to enhance existing Services, develop new services, enhance AI performance, and create customized offerings based on user preferences and needs, develop Service-related statistics.

Disclosure of Personal data

To provide the Services, we may share your personal data as discussed below. Please note that we will not sell your personal data to advertisers or other third parties.

• Disclosure of Personal Data to a Third Party

  We may engage certain third-party service providers (including, but not limited to, providers of customer support and IT services) to assist us in delivering, improving, protecting, and promoting our Services. These service providers may process your personal data on our behalf, but only to the extent necessary for the fulfillment of these business purposes. The processing of your personal data by these third parties is subject to strict contractual obligations to ensure compliance with applicable data protection laws.

• Required Disclosure

  We may disclose your personal data to third parties if we reasonably determine that such disclosure is necessary to:

  • Comply with any applicable law, regulation, legal process, or government request;
  • Protect the safety or life of any individual;
  • Prevent fraud or abuse of the Company’s Services or protect our users;
  • Safeguard the rights, property, safety, or interests of the Company or our users; or
  • Perform a task carried out in the public interest.

We do not share Customer Content, advertising data, or campaign data with other customers

Measures to Protect Your Personal Data

Safeguarding your personal data is a top priority and a responsibility we take seriously. We are committed to ensuring the security of your personal data and regularly test for vulnerabilities in our Services. To prevent accidental loss, unauthorized access, use, alteration, or disclosure of your personal data, we employ robust security measures designed to protect your information at all times.
Our comprehensive security measures include:

• Regular Internal Audits: To maintain the security of personal data, we conduct regular internal audits to evaluate and strengthen our data protection practices.
• Minimization and Training of Data Handling Staff: We restrict access to personal data to designated employees only and limit the number of personnel involved in handling personal data. These individuals receive regular training on data protection and security.
• Technical Safeguards Against Hacking and Viruses: To protect against data breaches from hacking or malware, we have installed security programs that are regularly updated and monitored. Systems are housed in secured zones with limited external access, protected through both technical and physical barriers to monitor and prevent unauthorized entry.
• Access Restriction: We control access to databases containing personal data through permissions management, with processes in place to grant, modify, or revoke access as necessary. We also use intrusion prevention systems to block unauthorized external access.
• Controlled Physical Access: Physical locations housing personal data are secured, with entry control measures in place to prevent unauthorized access to storage facilities.

In addition to these measures, access to personal data is strictly limited to employees, agents, contractors, and third parties who have a legitimate business need to process it, and all are bound by confidentiality obligations. These individuals and entities are required to follow our instructions and are bound by strict confidentiality obligations.
In the event of a suspected data breach, we have established comprehensive procedures to promptly address and mitigate any risks. Where legally required, we will notify both you and the relevant regulatory authorities of any data breach that may impact your personal data.

Data Retention

We will retain your personal data only for as long as is reasonably necessary to fulfill the purposes for which it was collected, including to comply with any legal, regulatory, tax, accounting, or reporting obligations. In certain circumstances, such as in the event of a complaint or where there is a reasonable expectation of litigation related to our relationship with you, we may retain your personal data for a longer period of time.
To determine the appropriate retention period, we take into account several factors, including the volume, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure, the purposes for which we are processing the data and whether those purposes can be achieved through other means, as well as any relevant legal, regulatory, tax, accounting, or other applicable requirements.
Subject to the foregoing, in principle, we will destruct your personal data without delay when (i) the purpose of collection and use has been achieved; (ii) you withdraw your account from the Service; (iii) the legal or management needs have been achieved; (iv) or receipt of your request for deletion.

Your Responsibility for Securing Personal Data

You are responsible for ensuring the security of your personal data. This includes choosing a sufficiently strong password and keeping your credentials, including your password, confidential at all times. You are also obligated to respect the privacy and personal data of others and must not infringe upon or misuse third-party personal data. Please avoid disclosing your personal data, such as your password, and refrain from actions that may harm or compromise the personal data or privacy of others.
While we employ rigorous security measures to protect your personal data, we will not be liable for any loss, unauthorized access, or misuse of your personal data that results from your own actions, such as failing to secure your account or sharing your password with others. It is your responsibility to safeguard your personal data and respect the privacy and security of others.
It is equally important that the personal data we hold about you is accurate and up to date. Please notify us promptly if any of your personal data changes during your use of our Services, to help us maintain the accuracy and integrity of the information. We will not be liable for any loss, unauthorized access, or misuse of your personal data that occurs as a result of your failure to promptly update your personal data.

Your Rights to Your Personal Data

You have control over your personal data and how it is collected, used, and shared by the Company. As a user of our Services, you may exercise the following rights concerning your personal data:

• Right to access to personal data: You have the right to request access to the personal data we hold about you.
• Right to deletion: You may request the deletion of personal data from your account or our databases.
• Right to correction: You can manage your account, including editing your personal data at any time.
• Right to restrict processing and objection: You may object to the processing of your personal data or request a temporary suspension or restriction of data processing.
• Right to data portability: You may request the transfer of your personal data to another party.
• Right to avoid automated decision-making: You may request to stop automated processing of personal data.
• Right to withdraw consent: You may withdraw your consent to the processing of your personal data at any time. Withdrawal of consent will not affect the lawfulness of processing conducted prior to withdrawal. However, withdrawing consent may limit our ability to provide certain Services to you. We will inform you if this is the case at the time of withdrawal.
• Right to opt out: You may request that your personal data is not used in sales or profiling. Furthermore, you may opt out of targeted advertisement.
• Right to opt in: You may opt in to allow the Company to process your sensitive data.

To exercise any of the above rights, please contact us at our Data Protection Department. We will take appropriate action without undue delay. Note that we may deny your request if there is a legitimate reason prescribed by law.

Protection of Personal Data of Children

The Services provided by the Company are intended for general audiences, and we do not knowingly collect personal data from minors under the age of 18 or the equivalent minimum age for minors as defined by the laws of relevant jurisdictions. However, if we must collect personal data from children under the age of 16 (or the equivalent minimum age in the relevant jurisdiction) for unavoidable reasons, we will take additional steps to ensure the protection of that personal data, including:

• Verification: We will make reasonable efforts to verify that the individuals are children of an age requiring parental or guardian consent, and that the person providing consent is authorized to do so.
• Parental Consent: We will obtain verifiable consent from the parent or legal guardian before collecting personal data or providing services directly to children.
• Parental Notification: We will provide parents or guardians with notice of this Policy, detailing the types of personal data collected, the purpose of collection, and any sharing of the data.
• Parental Rights: We will grant parents or guardians the right to:
  • Access their child's personal data;
  • Request correction or deletion of their child's personal data;
  • Request the suspension of processing their child's personal data;
  • Withdraw their consent for the processing of their child's personal data.
• Data Minimization: We will collect only the personal data necessary for the provision of our Services.

Region Specific Notices

Out of respect for your privacy, we have implemented additional measures to comply with the obligations and rights associated with the collection of personal data as dictated by the laws governing the regions of our users.

Disclosures for residents of the California

If you are a resident of California, you have certain rights and we aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your personal data. This supplemental section, together with other relevant sections of the Policy, provides information about your rights and how to exercise them under the California Consumer Privacy Act and the California Privacy Rights Act (collectively, “CCPA”), and any and all regulations arising therefrom. Unless otherwise expressly stated, all terms in this section have the same meaning as defined in the CCPA.

• Right to know and right to access: You have the right to request certain information we have collected about you. Once we receive and confirm a verifiable request from you, we will disclose to you, to the extent permitted by law:
  • The categories of personal data we collected about you.
  • The purposes the categories of personal data are collected or used for.
  • The specific pieces of personal data we hold about you.
  • The categories of sources from which Information about you is collected.
  • The purposes for collecting, selling, or sharing your personal data.

You have the right to request that the personal data is delivered in a format that is both portable and easily usable, as long as it is technically possible to do so.

• Right to correct: You have the right to request that we correct your inaccurate personal data taking into account the nature of the personal data and the purposes of the processing of the personal data.
• Right to delete: You have the right to request deletion of your personal data.
• Right to opt-out of the sale and sharing: You have the right to opt-out of the sale of your personal data which may include selling, disclosing, or transferring personal data to another business or a third-party for monetary or other valuable consideration.
• Right to limit the use of your personal data, including any sensitive personal data: You have the right to restrict our use of your personal data and disclosure solely to what is essential for carrying out or delivering the Services or operating the Website in a manner reasonably anticipated by an average user, or for certain business objectives as specified by law. However, we do not use personal data for any purposes other than those legally permitted or beyond the scope of this Privacy Policy.
• Right to non-discrimination: You have the right to not be discriminated against in the Services or quality of Services you receive from us for exercising your rights. We may not, and will not, treat you differently because of your data subject request activity, or charge different rates for goods or Services, or suggest that we would treat you differently because of your data subject request activity.
• Shine the Light: California residents that have an established business relationship with us have the right to know how their personal data is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law, or the right to opt out of such practices.

Contact Information

If you have any questions about this Policy or our privacy practices, please contact our Data Protection Department in the following ways:

Email address: [email protected]

If they cannot answer your question, you have the right to contact your local data protection supervisory authority.

Changes to the Privacy Policy

We reserve the right to revise this Policy from time to time. In the event of any changes, we will provide notice by posting the updated policy on our Services or through other appropriate means, such as email notifications or a pop-up screen requesting acceptance when you sign in.