Effective Date: October 11, 2018
Welcome, and thank you for your interest in Comfy, a product of Building Robotics, Inc. (“Building Robotics”,“we,” or “us”). We provide a service through our website at www.comfyapp.com (the “Site”), and through related websites, networks, embeddable widgets, downloadable software, mobile applications, tablet applications, web applications, and other online and offline services provided by us (collectively, together with the Site, our “Service”). The Service is enabled when we have entered into an agreement with the owner, operator, tenant, or your employer (our “Customer”) to provide the Service in your workspace (the “Building(s)”).
In connection with the Service, we collect the information described below, which may, on its own, or when combined with other information be used to identify you individually (“Personal Data”):
In addition to the Personal Data we collect from users of the Service, we collect Personal Data from Marketing Recipients who are interested in learning more about our products and services. This Personal Data consists of basic contact information such as the Marketing Recipient’s name and email address. This Personal Data is collected by us when Marketing Recipients sign up for commercial emails from us via online or offline sign up forms, and through other means such as in-person events and meetings and from the internet.
Except as described in this Policy, we will not disclose our Personal Data that we collect on the Service to third parties without your consent. By using the Service, you consent to the following disclosure of your Personal Data:
The Service may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
Protecting the privacy of young children is especially important. Our Service is not directed to children under the age of 13, and we do not knowingly collect Personal Data from children under the age of 13 without obtaining parental consent. If you are under 13 years of age, then please do not use or access the Service at any time or in any manner. If we learn that Personal Data has been collected on the Service from persons under 13 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has obtained an account on the Service, then you may alert us at [email protected] and request that we delete that child’s Personal Data from our systems.
We use reasonable and appropriate measures to help protect the integrity and security of Personal Data that we collect and maintain. We cannot, however, ensure or warrant the security of any Personal Data you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such Personal Data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at [email protected].
Although we may allow you to adjust your privacy settings to limit access to certain Personal Data, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.
In May 2018, a new data privacy law known as the EU General Data Protection Regulation (the "GDPR") becomes effective. The GDPR requires that we and our Customers provide users with more information about the processing of your Personal Data. Here is what you need to know:
Legal Ground for Processing your Personal Data
The GDPR requires us to tell you about the legal grounds we're relying on to process any Personal Data about you. The legal grounds for our processing, and our Customer’s processing, of your Personal Data for the purposes above are:
The Service is hosted in the United States and is intended for visitors located within the United States as well as users located outside of the United States. If you choose to use the Service from the European Economic Area, Switzerland, or the United Kingdom or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your Personal Data outside of those regions to the United States for storage and processing. By providing any information, including Personal Data, on or to the Service, you consent to such transfer, storage, and processing.
Building Robotics participates in, and complies with, the EU-US Privacy Shield Principles and the Swiss-US Privacy Shield Principles (collectively “Privacy Shield” or “Privacy Shield Principles”) regarding the collection, use, sharing, and retention of Personal Data from the European Economic Area, Switzerland, or the United Kingdom. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. Our participation in Privacy Shield applies to all Personal Data that is subject to this Policy and is received from the European Economic Area, Switzerland, or the United Kingdom. We will comply with the Privacy Shield Principles in respect of such Personal Data.
To learn more about Privacy Shield, please click here. To view the current Privacy Shield certifications for Comfy (by Building Robotics), please click here. If you have a Privacy Shield-related question or complaint, please contact us at [email protected].
As part of our participation in Privacy Shield, if you have a dispute with us about our adherence to the Privacy Shield Principles, we will seek to resolve it through JAMS, an independent alternative dispute resolution body based in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you.
In certain circumstances, you may have the right to invoke binding arbitration under Privacy Shield, as described in Annex I to the Privacy Shield Principles, which can be found at the following URL: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Privacy Shield participants, such as Building Robotics, are subject to the investigatory and enforcement powers of the US Federal Trade Commission and other authorized statutory bodies. Under certain circumstances, we may be liable for the transfer of Personal Data that we receive and subsequently transfers to a third party, as described in the Privacy Shield Principles.
As described in this Policy, we may share Personal Data with third parties and may be required to disclose information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. However, we will only transfer your Personal Data outside of the European Economic Area, Switzerland, or the UK, if there are appropriate technical and organisational measures in place to protect your Personal Data as required by GDPR.
If you wish to access, receive a copy of, change or delete the Personal Data we hold about you, you may contact us at he[email protected]. In addition, we encourage you to contact our Customer to access, receive a copy of, change or delete the Personal Data and we agree to work with our Customer in good faith to assist with your request.
You may withdraw the consent granted in this Policy for us or our Customers to use the Personal Data described in this Policy by contacting us at [email protected]. Please note that if you do so, it will not affect the lawfulness of the use of your Personal Data based on your prior consent.
In addition, you may contact us at [email protected] to request that we do not disclose your Personal Data to third parties (other than those that are acting as our agent to perform tasks on our behalf, such as data processors).
If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email at [email protected] or by writing to us at the address given at the end of this Policy. Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
Upon receipt of any of the above request(s), we will use reasonable efforts to reflect any changes you request in our databases to the full extent required by GDPR, Privacy Shield, or other applicable law.
If you are not happy with how we have attempted to resolve your complaint, you may contact the relevant data protection authority.
Subject to our obligations contained in the section above titled “Your Choices”, and unless a different retention period is required by law or by agreement with our Customer, we will retain the Personal Data of users of the Service until the first to occur of the following: five (5) years from the date of collection of such Personal Data, the date on which our contractual relationship with our Customer terminates, or ninety (90) days following the date on which we become aware that you are no longer an active user of the Service. At such time, we will delete your Personal Data.
For Marketing Recipients, we will retain your Personal Data until you request that we delete such Personal Data as described in the section above titled “Your Choices”.
We may retain other information that is not Personal Data (such as anonymized and/or aggregated data) for backups, archiving, prevention of fraud and abuse, analytics, to improve our service, or where we otherwise reasonably believe that we have a legitimate reason to do so.
If you are not happy with how we handle your Personal Data, we encourage you to contact us at [email protected]. But you also have the right to lodge a complaint with the relevant data protection authority.
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will use reasonable efforts to notify you of the change and will obtain new consent from you to the extent required by GDPR or other applicable laws. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.
Please contact us with any questions or comments about this Policy, your Personal Data, our use and disclosure practices, or your consent choices by email at [email protected].
Building Robotics, Inc.
1504 Franklin St., Suite 200
Oakland, CA 94612
In addition, we have appointed a Data Protection Officer (“DPO”). Our DPO can be contacted directly by email at [email protected] or by mail at:
Building Robotics, Inc.
ATTN: Data Protection Officer
1504 Franklin St., Suite 200
Oakland, CA 94612