Below is our Privacy Policy and Cookie Policy.
Who We Are and What This Policy Covers
This Privacy Policy applies to information that we collect about you when you use:
– Our websites (including fictive.design, cioni.net, cioni.co, unintended.design);
This Privacy Policy also applies to information we collect when you apply for a job at fictive S.C. or one of our subsidiaries.
Throughout this Privacy Policy we’ll refer to our websites, mobile applications, and other products and services collectively as “Services.”
Below we explain how we collect, use, and share information about you, along with the choices that you have with respect to that information.
Information We Collect
We only collect information about you if we have a reason to do so — for example, to provide our Services, to communicate with you, or to make our Services better.
We collect this information from three sources: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let’s go over the information that we collect.
Information You Provide to Us
It’s probably no surprise that we collect information that you provide to us directly. Here are some examples:
Basic account information: We ask for basic information from you in order to set up your account. For example, we require individuals who sign up for an account to provide an email address and password, along with a username or name — and that’s it. You may provide us with more information — like your address and other information you want to share — but we don’t require that information to create an account.
Public profile information: If you have an account with us, we collect the information that you provide for your public profile. For example, if you have an account, your username is part of that public profile, along with any other information you put into your public profile, like a photo or an “About Me” description. Your public profile information is just that — public — so please keep that in mind when deciding what information you would like to include.
Payment and contact information: There are various ways in which you may provide us payment information and associated contact information. For example, if you buy something from us or earn revenue through your site, we’ll collect information to process those payments and contact you. If you buy something from us or if you pay fees to a person or business, you’ll provide additional personal and payment information like your name, credit card information, and contact information. We also keep a record of the purchases you’ve made. If you use our E-commerce Services, you’ll have to create an account or connect an existing account and, for some Services, provide your site URL. You may also provide us with financial details to set up a payments integration, like the email address for your Stripe or PayPal account or your bank account information, a tax ID or other identifier so we can process payments to you.
Business Profile: Some of our services collect additional information from you as part of creating a user/customer profile.
Communications with us (hi there!): You may also provide us with information when you respond to surveys, communicate with us about a support question, post a question in our public forums, or sign up for a newsletter like the one we send. When you communicate with us via form, email, phone, comment, or otherwise, we store a copy of our communications (including any call recordings as permitted by applicable law).
Job applicant information: If you apply for a job with us — awesome! You may provide us with information like your name, contact information, resume or CV, and work authorization verification as part of the application process.
Information We Collect Automatically
We also collect some information automatically:
Log information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, including the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We may collect log information when you use our Services.
Transactional information: When you make a purchase through our Services, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction. This includes when you purchase something we sell or when you use our Services to buy something from a third party.
Usage information: We collect information about your usage of our Services. We use this information to, for example, provide our Services to you, get insights on how people use our Services so we can make our Services better, and understand and make predictions about user retention.
Location information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions. We may also collect information about your precise location via our mobile apps (like when you post a photograph with location information) if you allow us to do so through your mobile device operating system’s permissions.
Stored information: We may access information stored on your mobile device via our mobile apps. We access this stored information through your device operating system’s permissions. For example, if you give us permission to access the photographs on your mobile device’s camera roll, our Services may access the photos stored on your device when you upload a really amazing photograph of the sunrise to your website.
Information from cookies & other technologies: A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Pixel tags (also called web beacons) are small blocks of code placed on websites and emails. We use cookies and other technologies like pixel tags to help us identify and track visitors, usage, and access preferences for our Services, as well as track and understand email campaign effectiveness and to deliver targeted ads. For more information about our use of cookies and other technologies for tracking, including how you can control the use of cookies, please see our Cookie Policy.
Information We Collect from Other Sources
We may also get information about you from other sources. For example:
Third Party Login: If you create or log in to your account through another service (like Google) we’ll receive associated login information (e.g. a connection token, your username, your email address)
Social Sharing Services: If you connect your website or account to a social media service (like Twitter), we’ll receive information from that service (e.g., your username, basic profile information, friends list) via the authorisation procedures for that service.
The information we receive depends on which services you use or authorise and what options are available.
Third-party services may also give us information, like mailing addresses for individuals who are not yet our users (but we hope will be!). We use this information for marketing purposes like postcards and other mailers advertising our Services.
How and Why We Use Information
Purposes for Using Information
We use information about you for the purposes listed below:
To provide our Services.
To ensure quality, maintain safety, and improve our Services.
To place and manage ads in our advertising program.
To market our Services and measure, gauge, and improve the effectiveness of our marketing.
To protect our Services, our users, our clients, and the public.
To fix problems with our Services.
To customise the user experience.
To communicate with you.
To recruit and hire new people.
Legal Bases for Collecting and Using Information
A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that:
(1) The use is necessary in order to fulfil our commitments to you under the applicable terms of service or other agreements with you or is necessary to administer your account — for example, in order to enable access to our website on your device or charge you for a paid plan; or
(2) The use is necessary for compliance with a legal obligation; or
(3) The use is necessary in order to protect your vital interests or those of another person; or
(4) We have a legitimate interest in using your information — for example, to provide and update our Services; to improve our Services so that we can offer you an even better user experience; to safeguard our Services; to communicate with you; to measure, gauge, and improve the effectiveness of our advertising; and to understand our user retention and attrition; to monitor and prevent any problems with our Services; and to personalise your experience; or
(5) You have given us your consent — for example before we place certain cookies on your device and access and analyse them later on, as described in our Cookie Policy
Sharing Information
How We Share Information
We share information about you in limited circumstances, and with appropriate safeguards on your privacy.
Legal and regulatory requirements: We may disclose information about you in response to a subpoena, court order, or other governmental request.
To protect rights, property, and others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of fictive S.C., third parties, or the public at large.
Business transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that fictive S.C. goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.
With your consent: We may share and disclose information with your consent or at your direction.
Aggregated or de-identified information: We may share information that has been aggregated or de-identified, so that it can no longer reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services, or share a hashed version of your email address to facilitate customised ad campaigns on other platforms.
Published support requests: If you send us a request for assistance (for example, via a support email or one of our other feedback mechanisms), we reserve the right to publish that request in order to clarify or respond to your request, or to help us support other users.
We have a long-standing policy that we do not sell our users’ data. We aren’t a data broker, we don’t sell your personal information to data brokers, and we don’t sell your information to other companies that want to spam you with marketing emails.
We show ads on some of our users’ sites as well as some of our own, and the revenue they generate lets us offer free access to some of our Services so that money doesn’t become an obstacle to having a voice.
Under a new California law, the California Consumer Privacy Act (“CCPA”), some personalized advertising you see online and on our services might be considered a “sale” even though we don’t share information that identifies you personally, like your name or email address, as part of our advertising program.
Information Shared Publicly
Information that you choose to make public is — you guessed it — disclosed publicly.
That means information like your public profile, posts, other content that you make public on your website, and your “Likes” and comments on other websites are all available to others — and we hope they get a lot of views!
Please keep all of this in mind when deciding what you would like to share publicly.
How Long We Keep Information
We generally discard information about you when it’s no longer needed for the purposes for which we collect and use it — described in the section above on How and Why We Use Information — and we’re not legally required to keep it.
Security
While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so.
Choices
You have several choices available when it comes to information about you:
Limit the information that you provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Services may not be accessible.
Limit access to information on your mobile device: Your mobile device operating system should provide you with the option to discontinue our ability to collect stored information or location information via our mobile apps. If you choose to limit this, you may not be able to use certain features, like geotagging for photographs.
Opt out of marketing communications: You may opt out of receiving promotional communications from us. Just follow the instructions in those communications or let us know. If you opt out of promotional communications, we may still send you other communications, like those about your account and legal notices.
Set your browser to reject cookies: you can usually choose to set your browser to remove or reject browser cookies before using fictive S.C.’s websites, with the drawback that certain features may not function properly without the aid of cookies.
Opt out of our internal analytics program: You can do this through your user settings. By opting out, you will stop sharing information with our analytics tool about events or actions that happen after the opt-out, while you’re logged in to your account. For more information, please see our Cookie Policy
Close your account: While we’d be very sad to see you go, you can close your account if you no longer want to use our Services. Please keep in mind that we may continue to retain your information after closing your account, as described in How Long We Keep Information above — for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, or reasonably needed for our legitimate business interests.
Your Rights
If you are located in certain parts of the world, including California and countries that fall under the scope of the European General Data Protection Regulation (aka the “GDPR”), you may have certain rights regarding your personal information, like the right to request access to or deletion of your data.
European General Data Protection Regulation (GDPR)
If you are located in a country that falls under the scope of the GDPR, data protection laws give you certain rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:
Request access to your personal data;
Request correction or deletion of your personal data;
Object to our use and processing of your personal data;
Request that we limit our use and processing of your personal data; and
Request portability of your personal data.
You also have the right to make a complaint to a government supervisory authority.
California Consumer Privacy Act (CCPA)
The California Consumer Privacy Act (“CCPA”) requires us to provide California residents with some additional information about the categories of personal information we collect and share, where we get that personal information, and how and why we use it.
The CCPA also requires us to provide a list of the “categories” of personal information we collect, as that term is defined in the law, so, here it is. In the last 12 months, we collected the following categories of personal information from California residents, depending on the Services used:
Identifiers (like your name, contact information, and device and online identifiers);
Commercial information (your billing information and purchase history, for example);
Characteristics protected by law (for example, you might provide your gender as part of a research survey for us);
Internet or other electronic network activity information (such as your usage of our Services, like the actions you take as an administrator of a site);
Geolocation data (such as your location based on your IP address);
Audio, electronic, visual or similar information (such as your profile picture, if you uploaded one);
Professional or employment-related information (for example, your company and team information if you are a Happy Tools user, or information you provide in a job application); and
Inferences we make (such as likelihood of retention or attrition).
If you are a California resident, you have additional rights under the CCPA, subject to any exemptions provided by the law, including the right to:
Request to know the categories of personal information we collect, the categories of business or commercial purpose for collecting and using it, the categories of sources from which the information came, the categories of third parties we share it with, and the specific pieces of information we collect about you;
Request deletion of personal information we collect or maintain;
Opt out of any sale of personal information; and
Not receive discriminatory treatment for exercising your rights under the CCPA.
Contacting Us About These Rights
You can usually access, correct, or delete your personal data using your account settings and tools that we offer, but if you aren’t able to or you’d like to contact us about one of the other rights, scroll down to the footer to, well, find out how to reach us.
When you contact us about one of your rights under this section, we’ll need to verify that you are the right person before we disclose or delete anything. For example, if you are a user, we will need you to contact us from the email address associated with your account. You can also designate an authorized agent to make a request on your behalf by giving us written authorization. We may still require you to verify your identity with us.
Our Privacy Policy explains our principles when it comes to the collection, processing, and storage of your information. This policy specifically explains how we, our partners, users and clients of our services deploy cookies, as well as the options you have to control them.
What are cookies?
Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser. They are widely used to “remember” you and your preferences, either for a single visit (through a “session cookie”) or for multiple repeat visits (using a “persistent cookie”). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as “first party cookies”), or by third parties, such as those who serve content or provide advertising or analytics services on the website (“third party cookies”). Both websites and HTML emails may also contain other tracking technologies such as “web beacons” or “pixels.” These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted.
How we use cookies
We use cookies for a number of different purposes. Some cookies are necessary for technical reasons; some enable a personalized experience for both visitors and registered users; and some allow the display of advertising from selected third-party networks. Some of these cookies may be set when a page is loaded, or when a visitor takes a particular action (clicking the “like” or “follow” button on a post, for example). Many of the cookies we use are only set if you are a registered user (so you don’t have to log in every time, for example), while others are set whenever you visit one of our websites, irrespective of whether you have an account. For more information on the choices you have about the cookies we use, please see the Controlling Cookies section below.
Where we place cookies
We set cookies in a number of different locations across our services. These include:
On our websites (including fictive.design, cioni.net, cioni.co, unintended.design).
On sites we host for our clients.
On sites that use our plugins.
Types of Cookie
The list below explains the types of cookies we use on our websites and why we use them.
Required: These cookies are essential for our websites and services to perform basic functions and are necessary for us to operate certain features. These include those required to allow registered users to authenticate and perform account-related functions, store preferences set by users such as account name, language, and location, and ensure our services are operating properly.
Analytics and Performance: These cookies allow us to optimise performance by collecting information on how users interact with our websites, including which pages are visited most, as well as other analytical data. We use these details to improve how our websites function and to understand how users interact with them.
Advertising: These cookies are set by us and our advertising partners to provide you with relevant content and to understand that content’s effectiveness. They may be used to collect information about your online activities over time and across different websites to predict your preferences and to display more relevant advertisements to you. These cookies also allow a profile to be built about you and your interests and enable personalised ads to be shown to you based on your profile.