Privacy
Policy
Figure
Software Inc.
Last
updated January 13, 2025
This
Privacy Policy describes how Figure Software Inc. doing business as Gems (the "Site",
"we",
"us", or "our") [previously doing business as ShoMe] collects, uses, and discloses your
personal
information when you visit, use our services, or make a purchase from
app.usegems.com
(the "Site") or otherwise communicate with us (collectively, the "Services").
For
purposes of this Privacy Policy, "you" and "your" means you as the user of the Services,
whether
you are a customer, website visitor, or another individual whose information we have
collected
pursuant to this Privacy Policy.
Please
read this Privacy Policy carefully. By using and accessing any of the Services, you agree
to
the collection, use, and disclosure of your information as described in this Privacy Policy. If
you
do not agree to this Privacy Policy, please do not use or access any of the Services.
Changes
to This Privacy Policy
We
may update this Privacy Policy from time to time, including to reflect changes to our
practices
or for other operational, legal, or regulatory reasons. We will post the revised Privacy
Policy
on the Site, update the "Last updated" date and take any other steps required by
applicable
law.
How
We Collect and Use Your Personal Information
To
provide the Services, we collect and have collected over the past 12 months personal
information
about you from a variety of sources, as set out below. The information that we
collect
and use varies depending on how you interact with us.
In
addition to the specific uses set out below, we may use information we collect about you to
communicate
with you, provide the Services, comply with any applicable legal obligations,
enforce
any applicable terms of service, and to protect or defend the Services, our rights, and
the
rights of our users or others.
What
Personal Information We Collect
The
types of personal information we obtain about you depends on how you interact with our
Site
and use our Services. When we use the term "personal information", we are referring to
information
that identifies, relates to, describes or can be associated with you. The following
sections describe the categories and specific types of personal information we collect.
Information We Collect Directly from You
Information that you directly submit to us through our Services may include:
- Basic contact details including your name and email.
- Any subscription information collected through Stripe such as your name, billing address,
shipping address, payment confirmation, email address, phone number.
- Account information including your username and password.
- Customer support information including the information you choose to include in
communications with us, for example, when sending a message via email.
Some features of the Services may require you to directly provide us with certain information
about yourself. You may elect not to provide this information, but doing so may prevent you from
using or accessing these features.
Information We Collect through Cookies
We also automatically collect certain information about your interaction with the Services
("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies").
Usage Data may include information about how you access and use our Site and your account,
including device information, browser information, information about your network connection,
your IP address and other information regarding your interaction with the Services.
Information We Obtain from Third Parties
Finally, we may obtain information about you from third parties, including from vendors and
service providers who may collect information on our behalf, such as:
- Companies who support our Site and Services.
- Our payment processors (such as Stripe), who collect payment information (e.g., bank
account, credit or debit card information, billing address) to process your payment in order to
fulfill your orders and provide you with products or services you have requested, in order to
perform our contract with you.
- When you visit our Site, open or click on emails we send you, or interact with our Services or
advertisements, we, or third parties we work with, may automatically collect certain information
using online tracking technologies such as pixels, web beacons, software developer kits,
third-party libraries, and cookies.
sections describe the categories and specific types of personal information we collect.
Information We Collect Directly from You
Information that you directly submit to us through our Services may include:
- Basic contact details including your name and email.
- Any subscription information collected through Stripe such as your name, billing address,
shipping address, payment confirmation, email address, phone number.
- Account information including your username and password.
- Customer support information including the information you choose to include in
communications with us, for example, when sending a message via email.
Some features of the Services may require you to directly provide us with certain information
about yourself. You may elect not to provide this information, but doing so may prevent you from
using or accessing these features.
Information We Collect through Cookies
We also automatically collect certain information about your interaction with the Services
("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies").
Usage Data may include information about how you access and use our Site and your account,
including device information, browser information, information about your network connection,
your IP address and other information regarding your interaction with the Services.
Information We Obtain from Third Parties
Finally, we may obtain information about you from third parties, including from vendors and
service providers who may collect information on our behalf, such as:
- Companies who support our Site and Services.
- Our payment processors (such as Stripe), who collect payment information (e.g., bank
account, credit or debit card information, billing address) to process your payment in order to
fulfill your orders and provide you with products or services you have requested, in order to
perform our contract with you.
- When you visit our Site, open or click on emails we send you, or interact with our Services or
advertisements, we, or third parties we work with, may automatically collect certain information
using online tracking technologies such as pixels, web beacons, software developer kits,
third-party libraries, and cookies.
Any
information we obtain from third parties will be treated in accordance with this Privacy
Policy. We are not responsible or liable for the accuracy of the information provided to us by
third parties and are not responsible for any third party's policies or practices. For more
information, see the section below, Third Party Websites and Links.
How We Use Your Personal Information
- Providing Products and Services. We use your personal information to provide you with the
Services in order to perform our contract with you, including to process your payments, fulfill
your orders, to send notifications to you related to you account, purchases, returns, exchanges
or other transactions, to create, maintain and otherwise manage your account, to arrange for
shipping, facilitate any returns and exchanges and to enable you to post reviews.
- Marketing and Advertising. We use your personal information for marketing and promotional
purposes, such as to send marketing, advertising and promotional communications by email,
text message or postal mail, and to show you advertisements for products or services. This may
include using your personal information to better tailor the Services and advertising on our Site
and other websites.
- Security and Fraud Prevention. We use your personal information to detect, investigate or take
action regarding possible fraudulent, illegal or malicious activity. If you choose to use the
Services and register an account, you are responsible for keeping your account credentials
safe. We highly recommend that you do not share your username, password, or other access
details with anyone else. If you believe your account has been compromised, please contact us
immediately.
- Communicating with you. We use your personal information to provide you with customer
support and improve our Services. This is in our legitimate interests in order to be responsive to
you, to provide effective services to you, and to maintain our business relationship with you.
Cookies
Like many websites, we use Cookies on our Site. We use Cookies to power and improve our
Site and our Services (including to remember your actions and preferences), to run analytics
and better understand user interaction with the Services (in our legitimate interests to
administer, improve and optimize the Services). We may also permit third parties and services
providers to use Cookies on our Site to better tailor the services, products and advertising on
our Site and other websites.
Most browsers automatically accept Cookies by default, but you can choose to set your browser
to remove or reject Cookies through your browser controls. Please keep in mind that removing
or blocking Cookies can negatively impact your user experience and may cause some of the
Services, including certain features and general functionality, to work incorrectly or no longer be
available. Additionally, blocking Cookies may not completely prevent how we share information
with third parties such as our advertising partners.
Policy. We are not responsible or liable for the accuracy of the information provided to us by
third parties and are not responsible for any third party's policies or practices. For more
information, see the section below, Third Party Websites and Links.
How We Use Your Personal Information
- Providing Products and Services. We use your personal information to provide you with the
Services in order to perform our contract with you, including to process your payments, fulfill
your orders, to send notifications to you related to you account, purchases, returns, exchanges
or other transactions, to create, maintain and otherwise manage your account, to arrange for
shipping, facilitate any returns and exchanges and to enable you to post reviews.
- Marketing and Advertising. We use your personal information for marketing and promotional
purposes, such as to send marketing, advertising and promotional communications by email,
text message or postal mail, and to show you advertisements for products or services. This may
include using your personal information to better tailor the Services and advertising on our Site
and other websites.
- Security and Fraud Prevention. We use your personal information to detect, investigate or take
action regarding possible fraudulent, illegal or malicious activity. If you choose to use the
Services and register an account, you are responsible for keeping your account credentials
safe. We highly recommend that you do not share your username, password, or other access
details with anyone else. If you believe your account has been compromised, please contact us
immediately.
- Communicating with you. We use your personal information to provide you with customer
support and improve our Services. This is in our legitimate interests in order to be responsive to
you, to provide effective services to you, and to maintain our business relationship with you.
Cookies
Like many websites, we use Cookies on our Site. We use Cookies to power and improve our
Site and our Services (including to remember your actions and preferences), to run analytics
and better understand user interaction with the Services (in our legitimate interests to
administer, improve and optimize the Services). We may also permit third parties and services
providers to use Cookies on our Site to better tailor the services, products and advertising on
our Site and other websites.
Most browsers automatically accept Cookies by default, but you can choose to set your browser
to remove or reject Cookies through your browser controls. Please keep in mind that removing
or blocking Cookies can negatively impact your user experience and may cause some of the
Services, including certain features and general functionality, to work incorrectly or no longer be
available. Additionally, blocking Cookies may not completely prevent how we share information
with third parties such as our advertising partners.
How
We Disclose Personal Information
In certain circumstances, we may disclose your personal information to third parties for
legitimate purposes subject to this Privacy Policy. Such circumstances may include:
- With vendors or other third parties who perform services on our behalf (e.g., IT management,
payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
- When you direct, request us or otherwise consent to our disclosure of certain information to
third parties, such as to ship you products or through your use of social media widgets or login
integrations, with your consent.
- With our affiliates or otherwise within our corporate group, in our legitimate interests to run a
successful business.
- In connection with a business transaction such as a merger or bankruptcy, to comply with any
applicable legal obligations (including to respond to subpoenas, search warrants and similar
requests), to enforce any applicable terms of service, and to protect or defend the Services, our
rights, and the rights of our users or others.
User Generated Content
The Services may enable you to post product reviews and other user-generated content. If you
choose to submit user generated content to any public area of the Services, this content will be
public and accessible by anyone.
We do not control who will have access to the information that you choose to make available to
others, and cannot ensure that parties who have access to such information will respect your
privacy or keep it secure. We are not responsible for the privacy or security of any information
that you make publicly available, or for the accuracy, use or misuse of any information that you
disclose or receive from third parties.
Third Party Websites and Links
Our Site may provide links to websites or other online platforms operated by third parties. If you
follow links to sites not affiliated or controlled by us, you should review their privacy and security
policies and other terms and conditions. We do not guarantee and are not responsible for the
privacy or security of such sites, including the accuracy, completeness, or reliability of
information found on these sites. Information you provide on public or semi-public venues,
including information you share on third-party social networking platforms may also be viewable
by other users of the Services and/or users of those third-party platforms without limitation as to
its use by us or by a third party. Our inclusion of such links does not, by itself, imply any
In certain circumstances, we may disclose your personal information to third parties for
legitimate purposes subject to this Privacy Policy. Such circumstances may include:
- With vendors or other third parties who perform services on our behalf (e.g., IT management,
payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
- When you direct, request us or otherwise consent to our disclosure of certain information to
third parties, such as to ship you products or through your use of social media widgets or login
integrations, with your consent.
- With our affiliates or otherwise within our corporate group, in our legitimate interests to run a
successful business.
- In connection with a business transaction such as a merger or bankruptcy, to comply with any
applicable legal obligations (including to respond to subpoenas, search warrants and similar
requests), to enforce any applicable terms of service, and to protect or defend the Services, our
rights, and the rights of our users or others.
User Generated Content
The Services may enable you to post product reviews and other user-generated content. If you
choose to submit user generated content to any public area of the Services, this content will be
public and accessible by anyone.
We do not control who will have access to the information that you choose to make available to
others, and cannot ensure that parties who have access to such information will respect your
privacy or keep it secure. We are not responsible for the privacy or security of any information
that you make publicly available, or for the accuracy, use or misuse of any information that you
disclose or receive from third parties.
Third Party Websites and Links
Our Site may provide links to websites or other online platforms operated by third parties. If you
follow links to sites not affiliated or controlled by us, you should review their privacy and security
policies and other terms and conditions. We do not guarantee and are not responsible for the
privacy or security of such sites, including the accuracy, completeness, or reliability of
information found on these sites. Information you provide on public or semi-public venues,
including information you share on third-party social networking platforms may also be viewable
by other users of the Services and/or users of those third-party platforms without limitation as to
its use by us or by a third party. Our inclusion of such links does not, by itself, imply any
endorsement
of the content on such platforms or of their owners or operators, except as
disclosed on the Services.
Children's Data
The Services are not intended to be used by children, and we do not knowingly collect any
personal information about children. If you are the parent or guardian of a child who has
provided us with their personal information, you may contact us using the contact details set out
below to request that it be deleted.
As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we "share"
or "sell" (as those terms are defined in applicable law) personal information of individuals under
16 years of age.
Security and Retention of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot
guarantee "perfect security." In addition, any information you send to us may not be secure
while in transit. We recommend that you do not use unsecure channels to communicate
sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we
need the information to maintain your account, to provide the Services, comply with legal
obligations, resolve disputes or enforce other applicable contracts and policies.
Your Rights and Choices
Depending on where you live, you may have some or all of the rights listed below in relation to
your personal information. However, these rights are not absolute, may apply only in certain
circumstances and, in certain cases, we may decline your request as permitted by law.
- Right to Access / Know. You may have a right to request access to personal information that
we hold about you, including details relating to the ways in which we use and share your
information.
- Right to Delete. You may have a right to request that we delete personal information we
maintain about you.
- Right to Correct. You may have a right to request that we correct inaccurate personal
information we maintain about you.
- Right of Portability. You may have a right to receive a copy of the personal information we hold
about you and to request that we transfer it to a third party, in certain circumstances and with
certain exceptions.
disclosed on the Services.
Children's Data
The Services are not intended to be used by children, and we do not knowingly collect any
personal information about children. If you are the parent or guardian of a child who has
provided us with their personal information, you may contact us using the contact details set out
below to request that it be deleted.
As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we "share"
or "sell" (as those terms are defined in applicable law) personal information of individuals under
16 years of age.
Security and Retention of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot
guarantee "perfect security." In addition, any information you send to us may not be secure
while in transit. We recommend that you do not use unsecure channels to communicate
sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we
need the information to maintain your account, to provide the Services, comply with legal
obligations, resolve disputes or enforce other applicable contracts and policies.
Your Rights and Choices
Depending on where you live, you may have some or all of the rights listed below in relation to
your personal information. However, these rights are not absolute, may apply only in certain
circumstances and, in certain cases, we may decline your request as permitted by law.
- Right to Access / Know. You may have a right to request access to personal information that
we hold about you, including details relating to the ways in which we use and share your
information.
- Right to Delete. You may have a right to request that we delete personal information we
maintain about you.
- Right to Correct. You may have a right to request that we correct inaccurate personal
information we maintain about you.
- Right of Portability. You may have a right to receive a copy of the personal information we hold
about you and to request that we transfer it to a third party, in certain circumstances and with
certain exceptions.
-
Right to Opt out of Sale or Sharing or Targeted Advertising. You may have a right to direct us
not to "sell" or "share" your personal information or to opt out of the processing of your personal
information for purposes considered to be "targeted advertising", as defined in applicable
privacy laws.
- Right to Limit and/or Opt out of Use and Disclosure of Sensitive Personal Information. You may
have a right to direct us to limit our use and/or disclosure of sensitive personal information to
only what is necessary to perform the Services or provide the goods reasonably expected by an
average individual.
- Restriction of Processing: You may have the right to ask us to stop or restrict our processing of
personal information.
- Withdrawal of Consent: Where we rely on consent to process your personal information, you
may have the right to withdraw this consent.
- Appeal: You may have a right to appeal our decision if we decline to process your request. You
can do so by replying directly to our denial.
- Managing Communication Preferences: We may send you promotional emails, and you may
opt out of receiving these at any time by using the unsubscribe option displayed in our emails to
you. If you opt out, we may still send you non-promotional emails, such as those about your
account or orders that you have made.
You may exercise any of these rights where indicated on our Site or by contacting us using the
contact details provided below.
We will not discriminate against you for exercising any of these rights. We may need to collect
information from you to verify your identity, such as your email address or account information,
before providing a substantive response to the request. In accordance with applicable laws, You
may designate an authorized agent to make requests on your behalf to exercise your rights.
Before accepting such a request from an agent, we will require that the agent provide proof you
have authorized them to act on your behalf, and we may need you to verify your identity directly
with us. We will respond to your request in a timely manner as required under applicable law.
Complaints
If you have complaints about how we process your personal information, please contact us
using the contact details provided below. If you are not satisfied with our response to your
complaint, depending on where you live you may have the right to appeal our decision by
contacting us using the contact details set out below, or lodge your complaint with your local
data protection authority.
International Users
not to "sell" or "share" your personal information or to opt out of the processing of your personal
information for purposes considered to be "targeted advertising", as defined in applicable
privacy laws.
- Right to Limit and/or Opt out of Use and Disclosure of Sensitive Personal Information. You may
have a right to direct us to limit our use and/or disclosure of sensitive personal information to
only what is necessary to perform the Services or provide the goods reasonably expected by an
average individual.
- Restriction of Processing: You may have the right to ask us to stop or restrict our processing of
personal information.
- Withdrawal of Consent: Where we rely on consent to process your personal information, you
may have the right to withdraw this consent.
- Appeal: You may have a right to appeal our decision if we decline to process your request. You
can do so by replying directly to our denial.
- Managing Communication Preferences: We may send you promotional emails, and you may
opt out of receiving these at any time by using the unsubscribe option displayed in our emails to
you. If you opt out, we may still send you non-promotional emails, such as those about your
account or orders that you have made.
You may exercise any of these rights where indicated on our Site or by contacting us using the
contact details provided below.
We will not discriminate against you for exercising any of these rights. We may need to collect
information from you to verify your identity, such as your email address or account information,
before providing a substantive response to the request. In accordance with applicable laws, You
may designate an authorized agent to make requests on your behalf to exercise your rights.
Before accepting such a request from an agent, we will require that the agent provide proof you
have authorized them to act on your behalf, and we may need you to verify your identity directly
with us. We will respond to your request in a timely manner as required under applicable law.
Complaints
If you have complaints about how we process your personal information, please contact us
using the contact details provided below. If you are not satisfied with our response to your
complaint, depending on where you live you may have the right to appeal our decision by
contacting us using the contact details set out below, or lodge your complaint with your local
data protection authority.
International Users
Please
note that we may transfer, store and process your personal information outside the
country you live in, including the United States. Your personal information is also processed by
staff and third party service providers and partners in these countries.
If we transfer your personal information out of Europe, we will rely on recognized transfer
mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent
contracts issued by the relevant competent authority of the UK, as relevant, unless the data
transfer is to a country that has been determined to provide an adequate level of protection.
Contact
Should you have any questions about our privacy practices or this Privacy Policy, or if you would
like to exercise any of the rights available to you, please email us at support@usegems.com.
For the purpose of applicable data protection laws, we are the data controller of your personal
information. Our representative in the EEA and the UK is Melinda McTeigue
(mindy@usegems.com).
country you live in, including the United States. Your personal information is also processed by
staff and third party service providers and partners in these countries.
If we transfer your personal information out of Europe, we will rely on recognized transfer
mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent
contracts issued by the relevant competent authority of the UK, as relevant, unless the data
transfer is to a country that has been determined to provide an adequate level of protection.
Contact
Should you have any questions about our privacy practices or this Privacy Policy, or if you would
like to exercise any of the rights available to you, please email us at support@usegems.com.
For the purpose of applicable data protection laws, we are the data controller of your personal
information. Our representative in the EEA and the UK is Melinda McTeigue
(mindy@usegems.com).