Privacy Policy

Effective Date: 

This page explains what this Privacy Policy covers and how it applies to your use of our site and services. The Function Dynamic site, located at functiondynamic.com, (the "Site") is owned and operated by Function Dynamic Inc. By using our Site users agree that they consent to the conditions set out in this privacy policy.

Purpose

The purpose of this privacy policy is to inform users of our site of the following.

  1. The personal data we will collect.
  2. Use of collected data.
  3. Who has access to data collected.
  4. The rights of Site users.

This Pivacy Policy applies in addition to the Terms of Use of our Site.

Legal Basis for Processing

We may collect and process personal data about users only when we have a legal basis for doing so. We rely on the following legal bases to collect and process the personal data of users:

  1. Processing of user personal data is necessary for us or a third pary to pursue a legitimate interest. Our legitimate interest is not overriden by the interests or fundamenal rights and freedoms of users. Our legitimate interest(s) are:
    • Website Operation and Functionality: to ensure the proper operation, availability, and performance of our website and services.
    • Website and Information Security: to protect our website, infrastructure, and users against security threats, fraud, abuse, and unauthorized access.
    • Service Improvement and Optimization: to analyze website usage to understand how our services are used and to improve functionality, usability, and content.
    • Responding to User Inquiries: to communicate with users who contact us to respond to inquiries, provide requested information, or follow up on legitimate business communications.
    • Establishing, Exercising, or Defending Legal Claims: To establish, exercise, or defend legal claims and comply with applicable legal obligations.
    • Preventing Misuse of Services: to prevent misuse, abuse, or unlawful use of our website and services.
    • Ensuring Network and Information Integrity: to maintain the integrity, resilience, and reliability of our information systems.
  2. Processing of user personal data is necessary for us to take, at the request of a user, steps before entering a contract or for the performance of a contract to which a user is a party. If a user does not provide the the personal data necessary to perform a contract then we may not be able to provide services to the user.
  3. Processing of user personal data is necessary for us to comply with a legal obligation. If a user does not provide the personal data necessary for us to perform a legal obligation then we may cease service to the user.

Personal Data We Collect

We only collect personal data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional personal data beyond the data listed below without notifying you first:

Data Collected Automatically

When you visit and use our Site, we may automatically collect and store the following information:

  1. IP address; we use this as part of our system monitoring as an additional layer of security for our Site users and company clients.
  2. Hardware and software details in the form of a "user agent"; your browser sends automatically with each request to the Site. This data contains broad information about your website browser (eg. Safari, Chrome, etc.) and operating system (eg. Windows or iPhone). We use this data specifically to tracker browser and operating system based performance.
  3. Clicked links and content viewed; we use this to understand what content is most relevant to the Site users to help use produce meaningful future content. We may also monitor this to ensure that content is not broken for the Site users.

Data Collected in a Non-Automatic Way

We may also collect the follwing data when you perform certain functions on our Site:

  1. First and last name.
  2. Email address.
  3. Phone number.

This data may be collected using the following methods:

  1. Information provided through our online forms, such as the form found on our Contact page.
  2. Collected by an employee during onboarding process or ongoing services.

How We User Personal Data

Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.

When data is collected automatically, we use it to monitor, maintain, and improve operations of our company and Site. We may also use it to prevent potential misuse of our site and services and to protect other users.

Who We Share Personal Data With

We will only share your data with the following parties:

Employees

We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.

Other Disclosure

We will not sell or share your data with other third parties, except in the following cases:

  1. If the law requires it.
  2. If it is required for any legal proceeding.
  3. To prove or protect our legal rights.
  4. To buyers or potential buyers of this company in the event that we seek to sell the company.

Please note that if you follow hyperlinks from our Site to another site we are not responsible for and have no control over their privacy policies and practices.

Cookies and Tracking Technologies

The site uses session storage as a way to persist state of certain pages or elements of the Site. These are necessary for core features of the site. In these features, there is no personal data stored on Site user devices.

This site does not use third-party tracking tools or technologies.

Data Retention

We retain personal data only for as long as is necessary to fulfil the purposes for which it was collected, including to provide our services, comply with legal obligations, resolve disputes, and enforce our agreements.

For company clients and business contacts, personal data may be retained for the duration of the contractual relationship and for such additional period as is necessary to provide services, meet contractual and legal obligations, and maintain appropriate business records.

For general website users, personal data is typically processed in a limited and proportionate manner. Where possible, data is stored without directly identifiable information and used in aggregated form for long-term monitoring of website performance, security, and reliability. Technical and security-related data may be retained for longer periods where necessary to ensure the ongoing security, stability, and integrity of our systems.

When personal data is no longer required for the purposes for which it was collected, it is securely deleted, anonymized, or otherwise rendered inaccessible, in accordance with applicable legal requirements.

Data Security

We implement appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, disclosure, or destruction.

Our website is designed and operated in accordance with generally accepted security best practices, including relevant guidance published by the Open Web Application Security Project (OWASP).

We do not store personal or company information directly on this website where it is not necessary to do so. Instead, personal and company data is primarily processed and stored using the Zoho suite of products, which operate under their own security and data protection measures. To view Zoho's Privacy Policy, click here.

The website uses a database to store functional and operational components necessary for the operation of the site. Such data is limited in scope and does not include unnecessary personal information.

Where authentication credentials are required, login information is not stored in plain text. Passwords or similar credentials are stored in hashed form using industry-standard, best-practice techniques consistent with OWASP guidance.

Access to systems and data is restricted to authorized personnel and service providers, and we take reasonable steps to ensure the ongoing confidentiality, integrity, and availability of our systems.

Children's Privacy

We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact us.

GDPR

For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.

User Rights

If you are a user with a place of residence covered by GDPR, you have the following rights:

  1. Right to be informed: Users have the right to be informed about how and why their personal data is collected, used, stored, and shared.
  2. Right of access: Users have the right to request confirmation of whether we process their personal data and to obtain a copy of that data.
  3. Right to rectification: Users have the right to request correction of inaccurate or incomplete personal data.
  4. Right to erasure: Users have the right to request deletion of their personal data where there is no compelling legal or legitimate reason for us to continue processing it.
  5. Right to restrict processing: Users have the right to request that we limit the processing of their personal data in certain circumstances, such as while a data accuracy dispute is being resolved.
  6. Right to data protability: Users have the right to receive personal data they have provided to us in a structured, commonly used, and machine-readable format, and to transmit that data to another controller where technically feasible.
  7. Right to object: Users have the right to object to the processing of their personal data where such processing is based on legitimate interests.

The exercise of these rights is subject to applicable legal requirements and limitations. In certain circumstances, these rights may not apply or may be limited where the processing of personal data is necessary and justified based on the legal bases for processing described in this Privacy Policy.

Data Protection Officer

We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.

Policy Updates

This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.

Contact Information

For any questions regarding these Terms, please reach out to us via our Contact page hosted on this site.