Introduction

Fugue, Inc. (“Fugue”, “we”, “us”) is not in the business of misusing your data. We do not sell user information. However, we do have a product that utilizes your information to help improve the user’s experience.

In today’s digital environment, we strive to be as transparent as possible with respect to how we collect, use, and share information about you.

This policy is intended to help you understand:

  1. What information we collect
  2. How we use information
  3. How we share information
  4. Other uses and disclosures
  5. How we secure information
  6. How long we retain information
  7. Choices and access
  8. Other important privacy information

This privacy policy covers the information we collect about you when you use our products or services, or interact with us (for example, by attending our events). Exceptions to this policy will be very clearly called out.

1. What information we collect

However, there are pieces of information that we gather in order to improve customer experience, maintain communication, and provide service. The three sources of information are web traffic, communication, and user information.

Web traffic

Fugue’s core websites (including fugue.co, docs.fugue.co and download.fugue.co) use cookies purely for analytics purposes. Cookies are pieces of information stored directly on the computer that you are using. Sites also gather data about visits to the website, including numbers of visitors and visits, length of time spent on the site, pages clicked on or where visitors have come. This allows us to see the overall patterns of usage on the sites, rather than the usage of a single person. We use the information to analyze traffic, but we do not examine this information for individually identifying information.

We use Google Analytics to collect anonymized statistics in order to improve the Site. Google Analytics service is provided by Google, Inc. ("Google"). You can learn about Google’s practices by going to Google Analytics and privacy, and opt out of them by downloading the Google Analytics Opt-out Browser Add-on. We have taken the following measures to protect the data collected through Google Analytics:

  • We have concluded a data processing agreement with Google about how Google may process the data collected through Google Analytics;
  • We have configured Google Analytics settings to mask the last octet of user IP addresses;
  • We have configured Google Analytics to not share data with third parties; and
  • We do not use other Google services in conjunction with Google Analytics.

All of this data is anonymized during collection and contains no personally identifiable information. However, if we are required to treat this as personal information under applicable law, then we may use and disclose it for the purposes for which we use and disclose personal information as detailed in this policy. We are interested in trends (like which pages are seeing traffic) but take active steps to remove any information that might be usable to identify an individual user. The only exception to this is when the data is tied to a specific request or event (such as filling out a form), in which case the data will be associated with the user.

Communication

If we are in contact with you for legitimate reasons, such as if you are a customer, partner or are engaging in conversation with our people, then we will be gathering the information we need to have those conversations.

Fugue maintains a contact list of users who have opted in to receive communications, notifications or other information from Fugue. While this information may come from multiple sources (website, trade events, personal contacts and so on) all such communications are explicitly opt-in on the part of users. This information may include any of the following:

  • Name
  • Employer
  • Title
  • Email address
  • Postal address
  • Phone #
  • Industry
  • Details of when information was gathered
  • Interest in Fugue
  • Other contact information
  • Publicly available information, such as social media accounts

User information

For users of Fugue’s products and services, we collect and keep only the personal information necessary to support the use of the product or service. For all users, this includes:

  • An email address
  • Cloud Service Provider Account IDs (i.e., AWS ID)
  • Session information
  • EULA signature status

Fugue may also collect and maintain data through our online services for which users contract with Fugue. Fugue accesses the data to provide the services, to correct and address technical or service problems, or in response to contractual requirements between Fugue and its customers.

2. How we use information

We and our service providers use personal information for legitimate business purposes including:

Providing the functionality of the services and fulfilling your requests

  • To provide the services’ functionality to you, such as arranging access to your registered account, and providing you with related customer service.
  • To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request a quote for or other information about our services.
  • To complete transactions, and provide you with related customer service.
  • To send administrative information to you, such as changes to our terms, conditions and policies.

We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.

Providing you with our newsletter and/or other marketing materials

  • To send you marketing related emails, with information about our services, new products and other news about our company.

We will engage in this activity with your consent or where we have a legitimate interest.

Aggregating and/or anonymizing personal information

We may aggregate and/or anonymize personal information so that it will no longer be considered personal information. We do so to generate other data for our use, which we may use and disclose for any purpose.

Accomplishing our business purposes

  • For data analysis, for example, to improve the efficiency of our services;
  • For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements;
  • For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
  • For developing new products and services;
  • For enhancing, improving, or modifying our current products and services;
  • For identifying usage trends, for example, understanding which parts of our services are of most interest to our users;
  • For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
  • For operating and expanding our business activities, for example, understanding which parts of our services are of most interest to our users so we can focus our energies on meeting our users’ interests;

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.

3. How we share information

We share information with our third party service providers to facilitate services they provide to us. Our service providers can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services.

4. Other uses and disclosures

We also use and disclose your personal information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:

  • To comply with applicable law and regulations. This can include laws outside your country of residence.
  • To cooperate with public and government authorities. To respond to a request or to provide information we believe is important. These can include authorities outside your country of residence.
  • To cooperate with law enforcement. For example, when we respond to law enforcement requests and orders or provide information we believe is important.
  • For other legal reasons: To enforce our terms and conditions and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
  • In connection with a sale or business transaction: We have a legitimate interest in disclosing or transferring your personal information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings) Such third parties may include, for example, an acquiring entity and its advisors.

5. How we secure information

We seek to use reasonable organizational, technical and administrative measures to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.

6. How long we retain information

We retain personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.

The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide our services to you (for example, for as long as you have an account with us or keep using our services);
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

7. Choices and access

Your choices regarding our use and disclosure of your personal information

We give you choices regarding our use and disclosure of your personal information for marketing purposes. You may opt-out from receiving electronic communications from us. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out as follows: If you have a Fugue account, you can change your preferences through the download portal (download.fugue.co). Otherwise, any email you get from us will have a link to unsubscribe or change your preferences.

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out.

How you can access, change or delete your personal information

If you would like to request to review, correct, update, suppress, restrict or delete personal information, object to the processing of personal information, or if you would like to request to receive an electronic copy of your personal information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us through the download portal (download.fugue.co) or by sending an email to privacy@fugue.co. We will respond to your request consistent with applicable law.

In your request, please make clear what personal information you would like to have changed, whether you would like to have your personal information suppressed from our database. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion.

8. Other important privacy information

Sensitive information

Unless we request it, we ask that you not send us, and you not disclose, any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the services or otherwise to us.

Third party services

This privacy policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the services link. The inclusion of a link on the services does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any personal information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.

Jurisdiction and cross-border transfer

Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.

Additional information regarding the European Economic Area (EEA):

Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your personal information. You may obtain a copy of these measures by contacting us in accordance with the “Contacting Us” section below.

Children

Fugue communication is not sent to individuals under 16, and we do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact our support services at support@fugue.co.

Changes to our privacy policy

The “Last Updated” legend at the bottom of this privacy policy indicates when this privacy policy was last revised. Any changes to our privacy policy will be posted to this page. If the changes are significant, we will also post prominent notices on user profile pages, and send an email notification. If a user disagrees with changes to this privacy policy, they may exercise their option of removing their data, as described above.

Contacting us

Fugue, Inc. is the company responsible for collection, use and disclosure of your personal Information under this privacy policy.

If you have questions or concerns about your information, please direct them to:

Chief Financial Officer
Email: privacy@fugue.co
Address:
47 E. All Saints Street
Frederick, MD 21701

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.

Additional information regarding the EEA

If you believe your rights under a data protection law have been infringed, you may also lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

This Privacy Statement was last revised on November 15, 2018.