Fig & Wally User Terms
Date Last Revised: July 27, 2020
Grace & Berty LLC (“Grace & Berty”) values your privacy. The use of Grace & Berty LLC and “Fig & Wally” are interchangeable in this statement (“Grace & Berty”, “Fig & Wally“, “we” or “us“). This Privacy Statement covers Grace & Berty’s treatment of personal information collected from individuals and companies who use our virtual chat and gifting platforms (“Services”) and through our website found at [https://figandwally.com] (“Website”).
Please read this Privacy Statement carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use our Services or Website or provide any information in connection with them. By using our Services or the Website or providing any information in connection with them, you agree to this Privacy Statement. You also expressly consent to the processing of your personal information according to this Privacy Statement. This Privacy Statement may change from time to time (see Changes to our Privacy Statement). Your continued use of our Services or the Website after we make changes is deemed to be acceptance of those changes, so please check the Privacy Statement periodically for updates.
Scope of Privacy Statement
This Privacy Statement addresses personal information we obtain regarding individuals in connection with our Services or the Website.
To learn more about how we collect, use, and protect childrens’ data, please visit the “Privacy Notice for Parents and Guardians of Children Under the Age of 13” section below. All other sections of this Privacy Statement apply only to teens and adults.
Information Collected by Fig & Wally
During your use of the Services or visit to the Website, Fig & Wally may collect information about you, including but not limited to:
contact information (e.g., name, company name, address, city, state and ZIP code, email address and telephone number).
voice recordings and audio files you share during your use of the Services.
your device data and how you interact with the Website (e.g., IP address, browser type, and unique device identifier).
details of any transactions you carry out through the Services, which includes what was purchased, event details including address, contents of User personalized notes or wishlists, the transaction amount, consumer or company name, billing address, and shipping address.
transaction information in connection with our third party payment processing platforms, which includes transaction totals, transaction identifiers, details regarding any dispute activity and failed transactions.
This information may be collected directly from you when you provide it to us, register with Fig & Wally, or use our Services. We do not sell your personal information to third parties. Data we receive from other sources may be combined with the information you provide us, and may be used or shared for the following purposes stated below.
Fig & Wally’s Use of Information Collected
The personal information we collect may be used:
to provide the Services or Website, process payment transactions and any other information, products or services that you request from us.
to facilitate billing and invoicing.
to serve our customers and for marketing purposes.
to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
to optimize operation of the Services and Website.
in any other way we may describe when you provide the information.
We will not sell, share or rent the information gathered from the Services or the Website to others in ways that are different from what is disclosed in this Privacy Statement. Personal information is only used for the purposes set forth above and for no other purposes.
Fig & Wally’s Sharing of Information Collected
We may share your personal information in the following instances:
with contractors, service providers, and other third parties we use to support our business including those who assist us with marketing endeavors.
with banks and credit card processors to the extent necessary for Fig & Wally to deliver the Services.
when we believe sharing is necessary to protect our rights, preserve safety, investigate fraud or other wrongdoing including exchanging personal information with other companies and organizations for fraud protection and risk reduction.
when required by law, which includes complying with any court order, law, or legal process, including responding to a government or regulatory request.
in connection with the sale, transfer or financing of Fig & Wally’s business or its assets, including a bankruptcy proceeding.
to enforce or apply our agreements, including for billing and collection purposes.
for any other purpose disclosed by us when you provide the information.
Apart from the purposes listed above, Fig & Wally will not share your personal information with other third parties for their independent use without your permission. To opt out of any sharing of your personal information or to request deletion, please contact us at reachus[at]figandwally[dot]com.
We will use reasonable administrative, technical and physical security to protect the personal information we retain and to help ensure that it is used in accordance with this Privacy Statement. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Statement unless longer retention is required by law or for auditing purposes.
The Website may use “cookies” and other tracking technologies to gather information about your interactions. This information may include demographic data, browser type, IP address, pages visited, activities conducted on the page, and the day and time of your visit. We do not currently honor “do not track” signals from a web site browser. Please also refer to your computer browser help instructions for more information on cookies and other related technologies and how to manage their use. If you refuse or delete cookies, you will need to repeat the process if you use another computer or change browsers. If you refuse or delete cookies, some of the functionality of the Website could potentially be impaired. We also use an analytics service, Google Analytics and Facebook Ads Manager to gather information about our Website visits. To learn more about Google Analytics, including opting out of Google Analytics, click here https://tools.google.com/dlpage/gaoptout?hl=en . For more information on Facebook Ads Manager click here: https://www.facebook.com/about/privacy/.
Pages of our Website may also contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that allow us, for example, to count users who have visited those pages. We may use this information to provide a better user experience for our Website, and tailor our marketing communications. We or third parties also may use technologies to collect information about your online activities over time and across the Website or third-party Website or other online services (behavioral tracking). You may contact us at reachus[at]figandwally[dot]com for information on how you can opt out of behavioral tracking on the Website.
External Links and Third-Party Content
You may contact us at reachus[at]figandwally[dot]com to find out what information we have collected about you, and to request any changes including the deletion of your personal information. For any personal information we retain, we will give you access (including a copy) and seek to accommodate a request to correct the data if it is inaccurate or delete the data if we are not required to retain it by law.
You may also request information from Fig & Wally regarding whether it shares certain categories of your personal information with third parties. You may submit a request to Fig & Wally at its designated address or by the method noted above and receive information regarding the categories of information disclosed, and the third parties that have received the information.
Changes to our Privacy Statement
It is our policy to post any changes we make to our Privacy Statement on this page with a notice that the Privacy Statement has been updated on the Website’ home pages. If we make material changes to how we treat our users’ personal information, we will notify you through a prominent notice on the Website’ home pages. The date the Privacy Statement was last revised is identified at the top of the page.
Privacy Notice for Parents and Guardians of Children Under the Age of 13
The Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA“) require us to inform parents and legal guardians (as used in this section, “parents“) about our practices for collecting, using, and disclosing personal information from children under the age of 13 (“children“). It also requires us to obtain verifiable consent from a child’s parent for certain collection, use, and disclosure of the child’s personal information.
Children can access many parts of the Website and Services without providing us with personal information. However, some content and features are available only to registered users or require us to collect certain information, including personal information, from them.
Information We Collect
We collect the information you provide to us during registration, which may include your child’s name and age. We do not require this information to use our Services.
When participating in a virtual chat, a child may use the speaker function to communicate with the guest professional. Fig & Wally collects and retains an audio recording of the virtual chat as needed to carry out our business (e.g. fraud prevention and improving the children’s experience) . Providing us this recording is optional, and it is possible for a child to participate in the virtual chat without enabling the speaker function. You may disable the microphone function on the video conferencing platform at any time, in which case no audio data will be collected from the child. Please be aware that in doing so, the child may not be able to ask questions of the guest professionals verbally. We do not condition his or her participation in the virtual chats on the disclosure of more personal information than is reasonably necessary.
In addition, we use technology to automatically collect information from our users, including children, when they access and navigate through the Website and Services and use certain of their features. For more information regarding our automatic information collection practices, please refer to the section of our Privacy Statement labeled “Cookies/Tracking Technologies.”
How We Use and Share This Information
After a virtual chat has concluded, Fig & Wally retains a copy of a recording of the chat. Fig & Wally takes measures to remove children’s voices from recordings of the virtual chats before sharing them online.If any images or videos of a child are inadvertently collected by Fig & Wally during the recording of a virtual chat, Fig & Wally will take reasonable measures to delete the images or videos.
We use the information we collect automatically through technology to improve our Website and Services and to deliver a better and more personalized experience. This personal information enables us to estimate our audience size and usage patterns and speed up your searches.
We do not share, sell, rent, or transfer children’s personal information other than as described in this section. However, we may disclose aggregated information about many of our users, and information that does not identify any individual or device. In addition, in accordance with our legal obligations, we may disclose children’s personal information:
To third parties we use to support the internal operations of our Website and Services and who are bound by contractual or other obligations to use the information only for such purpose and to keep the information confidential.
If we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory request.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Fig & Wally, our customers or others, including to:
protect the safety of a child;
protect the safety and security of the Website and Services; or
enable us to take precautions against liability.
To law enforcement agencies or for an investigation related to public safety.
Parents’ and Guardians’ Rights to Access, Correct, or Request Deletion of Children’s Personal Information
At any time, you may review your child’s personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child’s information. You can review, correct, or delete your child’s personal information by sending us an email at reachus[at]figandwally[dot]com.
Fig & Wally is the only operator that collects or maintains personal information from children through the Website and Services. Please direct your inquiries about our privacy practices and use of children’s information to:
Fig & Wally Inc.
535 Griswold Street
Detroit, MI 48226