Fountain Privacy Policy

Last Updated Date: [March 20, 2020]

If you have any questions about this Privacy Policy or the Services, click here.

Fountain streamlines and optimizes the process of connecting Applicants with income opportunities in the gig economy and hourly workforce.

Fountain understands that privacy is important to our users. This Privacy Policy (“Policy”) describes how OnboardIQ, Inc. (“Fountain,” “we,” “our,” or “us”) collects and uses personal information.

This Policy applies to Fountain’s website, mobile application, API, and any other online services offered by Fountain, its affiliates, or subsidiaries (collectively, the “Services”). When we handle information about Applicants, we may collect information on behalf of both Customers (“Customer Records”) and Fountain (“Fountain Records”). For the purposes of the European Economic Area (“EEA”) General Data Protection Regulation (“GDPR”), Customers act as the data controller with respect to Customer Records and we act as a service provider or processor. Customers determine how to engage with Applicants through our Services and thus act as the business that determines the purposes and means of handling Applicant data in relation to Customer Records. In those circumstances, Applicants are ultimately subject to the privacy policies of the Customers with which they interact, and they should read those policies carefully. Fountain is not responsible for the privacy practices of Customers. Please review the relevant Customer’s privacy policy, terms of use, or employment policies to learn more about their information practices, including their use of service providers like Fountain. For the purposes of the GDPR, Fountain acts as the business and not a service provider with respect to information collected from Customers, Fountain Records, and when Applicants build profiles and use related functions of the Services.

In this Policy, we refer to Fountain Users, Applicants, and site visitors as “you” or “your.”

“Applicants” means individuals who utilize Fountain Services to apply for jobs.

“Customers” means Fountain’s customers who use the Fountain Services to recruit and hire workforce members, including employees and contractors.

All capitalized terms that are not defined herein have the definitions given them in our Terms of Service.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. By using our Services, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and our Terms of Service.

This Privacy Policy contains the following sections:

  1. Information Fountain Collects
  2. How Fountain Uses Information it Collects
  3. Legal Bases for Use of Information
  4. How Fountain May Disclose Your Information
  5. Retention of Your Information
  6. Your Choices and Rights
  7. Additional Information for California Residents
  8. Additional Information for Nevada Residents
  9. International Users
  10. Security
  11. Children’s Privacy
  12. Links to Other Web Sites and Services
  13. Changes to this Policy
  14. Privacy Shield
  15. How to Contact Us
  1. INFORMATION FOUNTAIN COLLECTS

  2. We collect, store, process and disclose personal information belonging to Applicants who create an account or apply for employment with or are employed by our Customers, site visitors, and Customers.

    You may choose to provide personal information to Fountain in order to create an account, apply for a job, post a position, or otherwise interact with the Services. The personal information you will be asked to provide depends on your interaction with the Services, as explained below.

    No site visitor is required to submit personal information on Fountain Services, and no Applicant is required to start or finish an application for employment. Please do not submit any information through the Fountain Services that you do not want either Fountain or the applicable Customer to see.

    Account and Contact Information. If you create an account, we may collect account information, such as login credentials, contact and business information , and application information related to the posted positions.

    Application Responses. In the event you choose to apply for a particular position, we will display the information fields the Customer has requested be collected from Applicants. Such information could include your name, photo, contact information, Social Security number, driver’s license number, passport number, residence and/or business address, and other information typically found on a job application, such as your job history, education level, age, specialized skill set, and other information requested by the applicable Customer. This may also include documents you need to submit that reflect your identity or other information about you, such as your passport.

    While Applicants are in no way required to supply this information to us, please be advised that the applicable Customer may choose to ignore applications for positions that do not contain the requested information.

    Communications With You. We may send communications to you and receive communications from you. Additionally, we work with one or more third parties to facilitate communications (including text messages) between Customers and Applicants. We receive information about these communications including the date and time of the communication, the parties’ phone numbers, and the content of the communications.

    Log data and metadata. We maintain logs of when and how you complete important steps in the application process or take certain actions using the Services, such as sending a message, completing application steps, or uploading a resume.

    We may collect log file information about your browser or mobile device each time you access the Services, including information such as your Internet Protocol (“IP”) address, browser type, information about your mobile device, including unique device identifier, referring/exit URLs, time you visit the Services, and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information.

    Information from Third Parties. We may obtain additional information about you from third parties such as Customers, marketers, partners, researchers, social networks, data services companies (e.g., for data enhancement) and others. We may combine information that we collect from you with information about you that we obtain from such third parties and information derived from our Services.

    Cookies, Web Beacons, Analytics, and Similar Mechanisms

    We and our third-party partners may automatically collect certain types of usage information when you visit our website or use our Services. Among other things, these technologies allow us to offer you a more tailored experience in the future, by understanding and remembering your particular browsing and usage preferences.

    Cookies. “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. For instance, when you visit our websites, we may send one or more cookies—a small text file containing a string of alphanumeric characters—to your computer that uniquely identifies your browser. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. To learn more about the use of cookies, including how to manage or delete them, click here. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.

    Web Beacons. Small graphic images (also known as "pixel tags" or "clear GIFs") may be included on our Services or in our emails. Web beacons typically work in conjunction with cookies to help Fountain and Customers understand Fountain Users and their behavior, for example, by counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages. For more information on managing web beacons, click here.

    Use of data collected through these mechanisms. We may use metadata or the data collected through cookies, log files, device identifiers, location data and clear GIF information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Services; (d) understand how you use the Services (e.g., the pages you view, the links you click, how frequently you access the Services, and other actions you take on the Service); (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Services; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our Services.

    Analytics. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Services. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third-party applications, and other information that assists us in analyzing and improving the Services. These tools may track your inputs of personal information into web forms that form a part of the services.

    Do Not Track. Do Not Track is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for online advertising and analytics purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not recognize or respond to Do Not Track signals from your browser at this time. Learn more about Do Not Track.

    Collection Across Multiple Devices. Sometimes, we (or our service providers) may use the information we collect—for instance, log-in credentials, IP addresses, hashed email addresses, and unique mobile device identifiers—to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, video game devices or consoles, or computers), or work with providers that do this, in order to offer the Services, better tailor content, features, and advertising, and provide you with a seamless experience across the devices you use to access the Services.

    Location information. We may collect different types of information about your location, including general information (e.g., IP address, ZIP code), and, with your permission in accordance with your device settings, precise geolocation information from GPS-based functionality on your devices, and may use that information to customize the Services with location-based information, advertising, and features. For example, if your IP address indicates an origin in downtown San Diego, the Services may recommend positions near or around San Diego. In order to do this, your location information may be shared with our agents, vendors or advertisers.

  3. HOW FOUNTAIN USES INFORMATION IT COLLECTS

  4. We process your personal information for a variety of legitimate business purposes, or with your consent, as outlined below.

    To Provide the Services

    We use information we collect, including personal information, to operate, maintain, analyze and improve, and provide the Services, including to facilitate the posting of positions, the collection of application responses (e.g., to communicate with you regarding your application), and the identification of positions, Customers, or Employers that might be a good fit for Applicants.

    Additionally, Fountain may use information, including personal information to:

    • Manage accounts and create Applicant profiles
    • Display job opportunities and potential candidates
    • Assist with finding and applying to job opportunities
    • Send communications that you have requested on your behalf
    • Keep you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
    • Respond to questions, comments, or other requests
    • Provide access to certain features or functionalities of the Services
    • Measure interest in Fountain Services
    • Develop new products or Services or improve existing products and Services, including research and development efforts
    • Ensure internal quality control
    • Conduct background check, employment eligibility screenings, and identity verification checks
    • Comply with legal requirements
    • Prevent potentially prohibited or illegal uses of the Services or enforce our Terms of Service
    • Tailor content, advertisements, and offers
    • Notify you of products, services, or offers that may be of interest to you
    • Notify you of positions that might be of interest to you
    • Upon your request, notify Employers that you might fit their needs
    • Monitor, prevent, and detect fraud and combat spam or other malware or security risks
    • Comply with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
    • Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Service, Privacy Policy, or to protect our Services, Users, or others)
    • For other purposes disclosed at the time you provide personal information
    • Otherwise with your consent.

    To Communicate With You

    We may use the information we collect to communicate with you, such as to send you email messages or text messages with your consent, or to permit Customers or other Fountain Users to send you such messages, and to follow up with you to offer information about our Services and your account. We may send you advertising or content regarding our products and services, or products and services that we market on behalf of another company. We may also send you Services-related emails or messages (e.g., account verification, transactional communications, change or updates to features of the Services, technical and security notices). If you want to stop receiving promotional materials, you can email [email protected], follow the unsubscribe instructions at the bottom of any email from us, or follow the instructions in our Terms of Service.

    To Prioritize Applicants for our Customers

    If our Customer opts in, Fountain will automatically analyze Applicant data based on the hiring preferences of our Customers in order to prioritize applications for our Customers’ review. Application priority is determined by our Customers’ preferences or hiring patterns, as well as by how complete your profile or application is. They do not constitute an assessment of who the best or proper candidate is for any position; they only organize applications according to the Customers’ instructions.

    Anonymized, De-Identified, and Aggregate Information

    Our use of anonymized, de-identified, or aggregate information is not subject to the restrictions under this Policy.

  5. LEGAL BASES FOR USE OF INFORMATION

  6. If you are located in the European Economic Area (“EEA”), please note that the legal bases under the GDPR for using the information we collect through your use of the Services are as follows:

    • Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with the Agreements which you accept by using the Services);
    • Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our Services; operate our Services; prevent fraud;, analyze use of and improve our Services;, and for similar purposes);
    • Where use of your information is necessary to comply with a legal obligation; and
    • Where we have your consent to process data in a certain way.
  7. HOW FOUNTAIN MAY DISCLOSE YOUR INFORMATION

  8. To Facilitate Your Application

    We may share your personal information:

    • With the Customer and/or Employer who listed the position you’ve applied for if you instruct the Services to submit the information and/or application on your behalf;
    • With a background check or identity verification service such as Checkr, where a Customer has requested background checks or identity verification as part of their employment application criteria;
    • To obtain and verify your electronic signature where appropriate to a particular position application, or where otherwise requested by a Customer in connection with a certain type of position;
    • To enable, effect, and facilitate messaging and conversation between Applicants and Customers;
    • To provide our Customers with the opportunity to leverage a learning management system to onboard an Applicant .
    • With an Applicant’s consent or at an Applicant or Customer’s direction.

    With Third-Party Service Providers

    Fountain uses third-party service providers to operate our Services (including, but not limited to, fulfilling Fountain User requests, hosting, analytics, maintenance, security, customer service, marketing, sweepstakes, survey, promotional and email services, and customer and technical support), and those third-party service providers may have access to personal information. Where required by applicable law, Fountain has executed appropriate contracts with the service providers that prohibit them from using or sharing personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.

    With the Public

    To the extent that we provide forums, blogs, or bulletins that allow you to post user-generated content, such content may become available to the public and to other members of the Services. If you remove information that you posted to the Services, copies may remain viewable in cached and archived pages of the Services, or if other Fountain Users have copied or saved that information.

    Other

    Additionally, we may share information about you in these instances:

    • In connection with or in contemplation of a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of a bankruptcy or related or similar proceedings; and
    • As required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement, including, but not limited to, court orders, judicial or other official government requests, subpoenas, or warrants; (b) to enforce this Policy or our Terms of Service or to protect the security or integrity of our Services; and/or (c) to exercise or protect the rights, property, or personal safety of Fountain, Fountain Users, or others.

    Anonymized/De-Identified Information

    We may also aggregate or otherwise strip data of all personally identifying characteristics. Our disclosure of anonymized, de-identified, or aggregate information is not subject to any restrictions under this Policy, and we may disclose it to others without limitation for any purpose.

  9. RETENTION OF YOUR INFORMATION

  10. Fountain retains the personal information it receives as described in this Policy for as long as you use the Services or as necessary to fulfill the purpose for which it was collected, provide our products and Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

  11. YOUR CHOICES AND RIGHTS

  12. You may have certain rights with respect to your information as further described in this Section, in addition to any rights discussed elsewhere in this Privacy Policy. Please note your rights and choices vary depending upon your location.

    How to Control Your Communications Preferences

    You can stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in such communications or by contacting us as described below. We make every effort to promptly process all unsubscribe requests.

    Note that you will continue to receive Service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Services, technical and security notices). Removing your name from the email list may take a reasonable amount of time.

    Also note that others, such as Employers or potential Employers, may contact you through or outside of Fountain’s Services and Fountain may not be able to control your preferences for those types of communications. Contact the Employer or potential Employer directly to learn more about how to opt out of communications from them.

    Account information

    We encourage you to periodically review and update your settings and profile information to reflect your job and communication preferences. You can likely access these settings by logging in. If you would like us to close your account, you can reach out to us as described below and we will do so.

  13. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

  14. If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).

    How We Source, Use, and Disclose Information for Business Purposes

    The following chart details the categories of personal information we collect, the sources of such personal information, and how we use and share such information for business purposes.

    Categories of Information Collected Sources of Information Purposes for Use of Information Disclosures of Information for Business Purposes
    Account registration information, e.g., name, DOB, password, email address, username, phone number, wireless device security questions and answers city, state, zip code, and U.S. work eligibility (“Yes” or “No”)
    • You
    • Provide and improve the Services
    • Communicate with you
    • Secure our Services and Users
    • Fraud prevention and legal purposes
    • Personalize the Services
    • Comply with legal requirements
    • Service providers
    • Third parties for legal purposes
    • With entities in the event of a business transaction (or contemplation thereof)
    • With your consent
    Contact information, e.g., name, email address, postal address, and phone number
    • You
    • Provide and improve the Services
    • Communicate with you
    • Secure our Services and Users
    • Fraud prevention and legal purposes
    • Comply with legal requirements
    • Customers
    • Service providers
    • Third parties for legal purposes
    • With entities in the event of a business transaction (or contemplation thereof)
    • With your consent
    Application responses and results, e.g., responses to application questions, documents uploaded for job applications, and results of background checks and identity verification
    • You
    • Third party providers, e.g., background check and identity verification
    • Provide and improve the Services
    • Secure our Services and Users
    • Fraud prevention and legal purposes
    • Personalize the Services
    • Comply with legal requirements
    • Customers
    • Service providers
    • Third parties for legal purposes
    • With entities in the event of a business transaction (or contemplation thereof)
    • With your consent
    Demographic and statistical information, e.g., gender, race, age, date of birth, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys
    • You
    • Provide and improve the Services
    • Application information and employment onboarding
    • Communicate with you
    • Secure our Services and Users
    • Fraud prevention and legal purposes
    • Personalize the Services
    • Comply with legal requirements
    • Customers
    • Service providers
    • Third parties for legal purposes
    • With entities in the event of a business transaction (or contemplation thereof)
    • With your consent
    Personal identifiers and employment eligibility information, e.g., photographs, driver’s license number, operator’s license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other government forms
    • You
    • Provide and improve the Services
    • Application information and employment onboarding
    • Communicate with you
    • Secure our Services and Users
    • Fraud prevention and legal purposes
    • Personalize the Services
    • Comply with legal requirements
    • Customers
    • Service providers
    • Third parties for legal purposes
    • With entities in the event of a business transaction (or contemplation thereof)
    • With your consent
    Customer service information, e.g., questions and other messages you address to us directly through online forms, by email, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team
    • You
    • Provide and improve the Services
    • Communicate with you
    • Secure our Services and Users
    • Fraud prevention and legal purposes
    • Comply with legal requirements
    • Service providers
    • Third parties for legal purposes
    • With entities in the event of a business transaction (or contemplation thereof)
    • With your consent
    Communications, e.g., your communications with Fountain, your communications with Customers or Applicants, and information surrounding those messages such as the date/time of the communication
    • You
    • Other Users
    • Provide the Services and customer service
    • Analyze use of and personalize the Services
    • Improve the Services
    • Provide security, prevent fraud, and for de-bugging
    • Comply with legal requirements
    • Other Users and Customers
    • Service providers
    • Third parties for legal purposes
    • With entities in the event of a business transaction (or contemplation thereof)
    • With your consent
    Research, survey, or sweepstakes information, e.g., if you participate in an internal Fountain survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information), and to fulfill your prize)
    • You
    • Survey Partners
    • Research and analysts
    • Provide and improve the Services
    • Communicate with you
    • Secure our Services and Users
    • Fraud prevention and legal purposes
    • Comply with legal requirements
    • Service providers
    • Third parties for legal purposes
    • With entities in the event of a business transaction (or contemplation thereof)
    • With your consent
    Information about others, e.g., if you submit information about your references or former employers; or if you use a “tell-a-friend” tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient’s contact information;. In providing this information, you represent that you are authorized to provide it.
    • You
    • Other Users (if you are the recipient of a message)
    • Provide and improve the Services
    • Application information and employment onboarding
    • Fraud prevention and legal purposes
    • Personalize the Services
    • Comply with legal requirements
    • Service providers
    • Third parties for legal purposes
    • With entities in the event of a business transaction (or contemplation thereof)
    • With your consent
    Device information and identifiers, e.g., IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers
    • You
    • Analytics providers
    • Cookies and tracking technologies
    • Provide and improve the Services
    • Secure our Services and Users
    • Fraud prevention and legal purposes
    • Personalize the Services
    • Service providers
    • Third parties for legal purposes
    • With entities in the event of a business transaction (or contemplation thereof)
    • With your consent
    Connection and usage data, e.g., information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information
    • You
    • Analytics providers
    • Cookies and tracking technologies
    • Provide and improve the Services
    • Secure our Services and Users
    • Fraud prevention and legal purposes
    • Personalize the Services
    • Service providers
    • Third parties for legal purposes
    • With entities in the event of a business transaction (or contemplation thereof)
    • With your consent
    Geolocation, e.g., city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation, and, with your permission in accordance with your device settings, precise geolocation information from GPS-based functionality on your devices
    • You
    • Analytics providers
    • Provide and improve the Services
    • Secure our Services and Users
    • Fraud prevention and legal purposes
    • Personalize the Services
    • Service providers
    • Third parties for legal purposes
    • With entities in the event of a business transaction (or contemplation thereof)
    • With your consent
    Other information, e.g., any other information you choose to directly provide to us in connection with your use of the Services
    • You
    • Provide and improve the Services
    • Application information and employment onboarding
    • Communicate with you
    • Secure our Services and Users
    • Fraud prevention and legal purposes
    • Personalize the Services
    • Comply with legal requirements
    • Service providers
    • Third parties for legal purposes
    • With entities in the event of a business transaction (or contemplation thereof)
    • With your consent

    Privacy Rights for California Residents.

    If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).

    If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:

    1. Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
    2. Provide access to and/or a copy of certain personal information we hold about you.
    3. Delete certain personal information we have about you.
    4. Provide you with information about the financial incentives that we offer to you, if any.

    The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.

    Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Services to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, phone number, or other information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. In some circumstances, if you ask us to delete your information, you may no longer be able to access or use our Services. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please click here.

    California residents may opt out of the “sale” of their personal information. Although, we do not believe we engage in the sale of personal information (and have not in the past twelve months) as we currently understand such terms to be defined under applicable law and relevant regulatory guidance, we do share information as described in this Policy, including with your consent and with certain analytics and advertising partners who perform certain services like analyzing our Services and showing you ads for Fountain. You can choose to limit the information shared with our analytics and advertising partners by following the steps described in the “Cookies, Web Beacons, Analytics, and Similar Mechanisms” portion of Section 1 of this Policy.

    With regard to Customer Records, Applicants should direct requests to exercise applicable rights to the Customer on whose behalf we handle the data. If we receive a request from an Applicant directly in relation to Customer Records, we will refer that request to the appropriate Customer(s) and await each Employer’s instructions on how to handle it.

    California “Shine the Light” Disclosure

    The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

  15. ADDITIONAL INFORMATION FOR NEVADA RESIDENTS

  16. Under Nevada law, certain Nevada residents may opt out of the “sale” of “covered information” (as such term is defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

    We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law by clicking here. Please note we will take reasonable steps to verify your identity and the authenticity of the request.

  17. INTERNATIONAL USERS

  18. Personal Data Transfers Outside of the EEA

    Your personal information collected through the Services may be stored and processed in the United States and in any other country in which Fountain or its subsidiaries, affiliates or service providers maintain facilities.

    If you are located in the EEA or other regions with laws governing data collection and use that may differ from U.S. law, please note that we will transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Fountain or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

    As required by applicable law, Fountain will provide an adequate level of protection for your personal data using various means, including, where appropriate:

    1. relying on a formal decision by the European Commission that a certain country ensures an adequate level of protection for personal data (a full list of such decisions may be accessed online here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm);
    2. entering into appropriate data transfer agreements based on language approved by the European Commission, such as the Standard Contractual Clauses (2010/87/EC and/or 2004/915/EC), which are available upon request at [email protected];
    3. implementing appropriate physical, technical and organizational security measures to protect personal information against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing; and
    4. taking other measures to provide an adequate level of data protection in accordance with applicable law.

    Any onward transfer is subject to appropriate onward transfer requirements as required by applicable law.

    By choosing to visit our website and use our Services, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the State of California, and the adjudication of any disputes arising in connection with Fountain or its Services will be in accordance with this Policy and Fountain’s Terms of Service.

    Rights of Access, Portability, Rectification, Erasure, and Restriction

    You may have the right to inquire as to whether Fountain is processing personal information about you, request access to that personal information, request your information in a portable format, restrict processing, and ask that we correct, amend, or delete your personal information where it is inaccurate. You can exercise such rights by accessing the information in your account, submitting a request by emailing [email protected].

    Accessing and Modifying Your Personal Information. You may view and modify your personal information through your account settings.

    If at any time you believe that an item of personal information about you is inaccurate and it cannot be updated through account settings, please contact us as described above as soon as possible with a description of the inaccuracy and the desired correction. We are committed to helping to maintain the accuracy and integrity of personal information we hold about you and endeavor to respond to rectification requests in a reasonable timeframe.

    Note that we may not be able to modify your information in all circumstances. For example, information we collect in the course of providing the Services is shared with a Customer and we do not control that information once it has been shared with the Customer.

    Erasing Your Personal Information. If you wish to erase the personal information Fountain holds about you, please contact us as described above.

    Note that in some cases we may not be able to erase your personal information, in which case we will let you know if we are unable to do so and why.

    Restriction and Portability Requests. If you wish to restrict Fountain’s processing of your data or wish to request information Fountain holds about you, please contact us as described above.

    If you have any questions about reviewing, modifying or deleting your account information, contact us as described above. If you have provided consent for cookies that are not strictly necessary, direct marketing emails or other data processing based on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. You have the right to lodge a complaint with a supervisory authority.

  19. SECURITY

  20. Fountain cares about the security of your information, and takes measures to preserve the integrity and security of all information collected through the Services. However, no security system, means of electronic or physical storage, or method of transmission over the internet is absolutely secure and we cannot guarantee the security of our systems. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information and that use of our Services is at your own risk.

    When you sign up for an account, you may be required to establish a username and password. If you create an account with us, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

  21. CHILDREN’S PRIVACY
  22. Fountain does not knowingly collect or solicit any information from anyone under the age of 13 (and in some jurisdictions, 16) or knowingly allow such persons to register as Fountain Users. In the event that we learn that we have collected personal information from a child under age 13 (and in some jurisdictions, 16), we will delete that information as quickly as possible. If you believe that we might have any information from a child, please contact us as described below.

  23. LINKS TO OTHER WEB SITES AND SERVICES
  24. Our Services may integrate with or contain links to other third-party sites and services. Our provision of such links does not signify our endorsement of such other websites, services, locations, or contents. If you choose to use these third-party services or features, you may disclose your information not just to those third parties but also to their users and the public more generally, depending on how their services function. We are not responsible for the practices employed by third-party websites or services embedded in, linked to, linked from, or connected with the Services and your interactions with any third-party website or service are subject to that third party’s own rules and policies. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party services, and not this Policy. We urge you to read the privacy and security policies of these third parties.

  25. CHANGES TO THIS POLICY
  26. Fountain may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the Policy we will update the ‘last updated’ date at the top of this page. If we make a material change to this Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Policy.

  27. PRIVACY SHIELD
  28. Fountain participates and has certified compliance and will comply with both EU-U.S. and Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. We ensure that the Privacy Shield Principles apply to all information about you that is subject to this Policy and is received from the European Union, the European Economic Area, and Switzerland.

    Fountain has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit U.S. Department of Commerce's Privacy Shield List.

    Under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, we are responsible for the processing of information about you we receive from the EU and Switzerland and onward transfers to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for such onward transfers and remain liable in accordance with the Privacy Shield Principles if third-party agents that we engage to process such information about you on our behalf do so in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.

    Fountain may disclose data in response to lawful requests by public authorities, and to meet national security or law enforcement requirements.

    In compliance with the EU-US and Swiss-US Privacy Shield Principles, Fountain commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this Privacy Statement should first contact Fountain’s DPO or at: [email protected] or by mail Attn: DPO, Fountain, Inc., 275 Sacramento St, 3rd Floor, San Francisco, CA, 94111

    You may seek independent dispute resolution from the appropriate body designated to address complaints and provide appropriate recourse free of charge to you. For individuals protected under the EU-U.S. Privacy Shield, contact the European data protection bodies listed here. For individuals protected under the Swiss-U.S. Privacy Shield, you may contact the Swiss Federal Data Protection and Information Commissioner, here. We are subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC).

    Under certain conditions, if you are not satisfied with the above recourse mechanism, you may be able to invoke binding arbitration.

  29. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Services, click here.

Fountain, Inc.

275 Sacramento St, 3rd Floor

San Francisco, CA 94111

(415) 854-7333

For GDPR-related issues

Ken Baylor

Data Protection Officer

2 Ashton Place

Gardiner's Hill

Cork, Ireland

[email protected]

(650) 399-9979