Privacy Policy

I. Introduction  

This privacy policy (this “Privacy Policy”) describes how Fovus Corporation, a Delaware corporation (the “Company” or “we”), collects, uses, discloses and otherwise processes your personal information in connection with your use of the Company websites and applications that link to this Privacy Policy (the “Website”), the Company’s products and services made available by access to and use of software hosted by the Company (the “Fovus Solutions”) and in the usual course of business, such as in connection with the Company’s events, sales, and marketing activities (together with the Fovus Solutions, the “Fovus Services”).

Please read this Privacy Policy 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 not to use our Website and/or the Fovus Services.  By accessing or using this Website and/or the Fovus Services, you agree to this Privacy Policy.  This Privacy Policy may change from time to time (see Changes to Our Privacy Policy).  Your continued use of this Website and/or the Fovus Services, after we make changes, is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

II. Children Under the Age of 16  

Neither our Website nor the Fovus Services is intended for children under 16 years of age.  No one under age of 16 may provide any personal information to or on the Website or through the Fovus Services.  We do not knowingly collect personal information from children under 16.  If you are under 16, do not use or provide any information on this Website or through any of its features/register on the Website or the Fovus Services, make any purchases through the Website or the Fovus Services, use any of the interactive or public comment features of this Website or the Fovus Services, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.  If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information.  If you believe we might have any information from or about a child under 16, please contact us at privacy@fovus.co.

III. Information We Collect About You and How We Collect It  

We collect several types of information from and about users of our Website and/or the Fovus Services, including information:

(i) by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);

(ii) that is about you but individually does not identify you, such as your occupation, affiliated companies, and general location; and/or

(iii) about your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

(a) Directly from you when you provide it to us, including without limitation, from your inputs into our command line interface (“CLI”), and from your browsing, using, or interacting with the Website.

(b) Automatically as you navigate through the Website and/or the Fovus Services. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

(c) From your emails, FTP, cloud storage services, or collaboration tools.

(d) From third parties, including without limitations, Google Analytics. 

Information You Provide to Us

The information we collect on or through our Website and/or Services may include:

(i) Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to the Fovus Services, posting material, or requesting further services.  We may also ask you for information when you report a problem with our Website or the Fovus Services.

(ii) Records and copies of your correspondence (including email addresses), if you contact us.

(iii) Your responses to surveys that we might ask you to complete for research purposes.

(iv) Details of transactions you carry out through our Website and of the fulfillment of your orders.  You may be required to provide financial information before placing an order through our Website, which may be shared with our third-party service providers, including for payment and billing purposes.

(v) Your search queries on the Website.

(vi) Your inputs submitted within the Fovus Solutions.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

(i) Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

(ii) Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).  Some browsers have incorporated “Do Not Track” features.  Most of these features, when turned on, send a signal or preference to the website or online services that a user visits, indicating that the user does not wish to be tracked.  As there is not yet a common understanding of how to interpret and implement such “Do Not Track” signals, we do not currently honor or respond to the “Do Not Track” signal when we collect information about your activities on the Website.

When you use the Fovus Solutions, we automatically collect information about how you are using the Fovus Solutions (the “Usage Data”).  While most Usage Data is not personal information, it may include information about your account and information about your computer or device.  It may also include information about your activities within the Fovus Solutions, such as the features you access or use, search terms entered, commands executed, and other statistical information relating to your use of the Fovus Solutions.  Further, we may maintain the Usage Data or associate the Usage Data with personal information we collect in other ways or receive from third parties. 

It helps us to improve our Website and the Fovus Services and to deliver a better and more personalized service, including by enabling us to:

(a) Estimate our audience size and usage patterns.

(b) Store information about your preferences, allowing us to customize our Website and/or the Fovus Services according to your individual interests.

(c) Speed up your searches.

(d) Recognize you when you return to our Website.

(e) Improve our products and services.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer.  You may refuse to accept browser cookies by activating the appropriate settings on your browser.  However, if you select this setting, you may be unable to access certain parts of our Website.  Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

• Flash Cookies.  Certain features of our Website may use locally stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website.  Flash cookies are not managed by the same browser settings as are used for browser cookies.  For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

• Web Beacons.  Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Information We Receive From Other Sources

We may obtain information about you from third-party sources, including resellers, distributors, business partners, event sponsors, security and fraud detection services, social media platforms, and publicly available sources.  We may combine such information with the information we receive and collect from you.

Third-Party Use of Cookies and Other Tracking Technologies 

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers.  These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website.  The information they collect may be associated with your personal information, or they may collect information, including personal information, about your online activities over time and across different websites and other online services.  They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used.  If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.  For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

IV. How We Use Your Information  

We use information that we collect about you or that you provide to us, including any personal information:

(i) To present our Website and its contents to you.

(ii) To provide, maintain, deliver, and update the Fovus Services.

(iii) To create and maintain your Fovus account within the Fovus Solutions.

(iv) To allow you to participate in interactive features on the Website or CLI, including without limitation, creating, reviewing, and managing license queues for queueing job deployment based on the license dynamics, creating, reviewing, and managing licenses needed for using monolithic commercial software, creating and submitting a high-performance computing (HPC) job consisting of a batch of HPC tasks for execution, as part of the submission, uploading job files/inputs, reviewing HPC job records, downloading job files/outputs, deleting job files/outputs, deleting jobs, creating a benchmarking profile and submitting an HPC job as the benchmarking workload to perform benchmarking, as part of the submission, uploading job files/inputs, reviewing the benchmarking profile details/data, editing, deleting and updating the benchmarking profile, and adding comments on job and job files/outputs.

(v) To allow you to upload, manage, download, and share files and folders in Fovus cloud storage.

(vi) To allow you to create a workspace for your organization, invite other team members, and share jobs, benchmarking profiles, and files with other users for collaboration.

(vii) To allow you to monitor license usage in real-time and review historical license usage data.

(viii) To allow the administrator of your account to manage users, user groups, budget policies, security policies, etc.

(ix) To allow you to create and use virtual desktops in GUI mode via web interface.

(x) To carry out sales, sales solicitation, delivery of services, and completion of orders.

(xi) To advertise or promote our products or the products of third parties offered through the Website to you.

(xii) To carry out marketing data surveys, statistics, and/or analysis.

(xiii) To communicate with you regarding your use of the Website and/or the Fovus Services.

(xiv) To send you notifications about the Fovus Services, including technical notices, updates, and security alerts;

(xv) To create, send, and utilize mailing lists.

(xvi) To conduct data and system analytics, including without limitation, to generate and analyze statistical information about how our Website and the Fovus Solutions are used in the aggregate.

(xvii) To develop new tools, products, or services based on your feedback.

(xviii) To operate, maintain, and improve the systems and infrastructure that provide the Fovus Services.

(xix) To carry out identity verification and authentication services.

(xx) To provide other services performed by us or third parties.

(xxi) To fulfill any other purpose for which you provide it.

(xxii) To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

(xxiii) To comply with our obligations under the applicable laws, legal process or government regulation.

(xxiv) To notify you about changes to our Website or any products or services we offer or provide through it.

(xxv) For any other legitimate interests or lawful business purposes.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you.  If you do not want us to use your information in this way, please opt-out by using the “Unsubscribe” feature contained in the electronic communications.  For more information, see Choices About How We Use and Disclose Your Information.

V. Disclosure of Your Information  

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

(i) To our subsidiaries and affiliates.

(ii) To third-party service providers that are in the U.S. or in other countries where such service providers assist in providing the Fovus Services and/or facilitating the Website.

(iii) To third-party service providers who assist us with detecting and preventing fraud, security threats, or other illegal or malicious behavior.

(iv) To third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

(v) To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.

(vi) To our business partners for the Company’s marketing and analytics purposes.

(vii) To financial institutions, credit card companies, and payment collection companies that are authorized to collect payments owed to us from you.

(viii) To fulfill the purpose for which you provide it.

(ix) For any other purpose disclosed by us when you provide the information.

(x) With your consent.

We may also disclose your personal information:

(a) To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

(b) To enforce or apply our cloud services agreement at [Fovus Corporation – Cloud Services Agreement] and other agreements, including for billing and collection purposes.

(c) If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.  This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

VI. Choices About How We Use and Disclose Your Information  

We strive to provide you with choices regarding the personal information you provide to us.  We have created mechanisms to provide you with the following control over your information:

(i) Tracking Technologies and Advertising.  You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website.  If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

(ii) Promotional Offers from the Company.  If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt-out by using the “Unsubscribe” feature contained in the emails we send to you.

(iii) Targeted Advertising.  We do not control third parties’ collection or use of your information to serve interest-based advertising.  However, these third parties may provide you with ways to choose not to have your information collected or used in this way.  You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

VII. Accessing and Correcting Your Information  

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at privacy@fovus.co to request access to, correct, or delete any personal information that you have provided to us.  We cannot delete your personal information except by also deleting your user account.  We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

VIII. Your California Privacy Rights  

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  To make such a request, please send an email to privacy@fovus.co.

IX. Data Security  

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.  All information you provide to us is stored on our secure servers behind firewalls.  Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depend on you.  Where we have given you (or where you have chosen) a password for access to certain parts of our Website and/or the Fovus Solutions, you are responsible for keeping this password confidential.  We ask you not to share your password with anyone.  We urge you to be careful about giving out information in public areas of the Website, such as message boards.  The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the Internet is not completely secure.  Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website and/or within the Fovus Solutions.  Any transmission of personal information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures contained on the Website and/or within the Fovus Solutions.

X. Data Transmission and Processing

The information that we collect from you may be transmitted to, processed, and/or stored at a destination outside the U.S. or your country or region of residence.  By signing up, accessing and/or using the Website and/or the Fovus Services, you expressly consent to our transmission, processing, and storage of your information in locations outside the U.S. or your country or region of residence.  Without limiting the generality of the foregoing, we will use commercially reasonable efforts to comply with all applicable laws in connection with transmitting, processing, and/or storing your information.

XI. The EU General Data Protection Regulation

As of May 25, 2018, a new data privacy law known as the EU General Data Protection Regulation (the “GDPR”) became effective through the European Economic Area (“EEA”), Switzerland, and the United Kingdom.  The GDPR requires us and those using the Fovus Services to provide users with certain information about the processing of their “Personal Data.”  “Personal Data” is a term used under the GDPR that means, generally, data that identifies or can identify a particular unique user or device – for instance, names, addresses, cookie identifiers, mobile IDs, precise location data, and biometric data.

To comply with the GDPR, we provide the below representations and information, which are specific to persons located in the EEA, Switzerland, or the United Kingdom.

a. Legal Grounds for Processing Personal Data

The GDPR requires us to tell you about the legal grounds on which we are relying to process any Personal Data about you.  The legal grounds for us to process your Personal Data for the purposes set out in Sections III, IV, and V above will typically be because:

(i) You Provided Your Consent: To store and/or gain access to information, we rely on your consent, including the “cookie consent.”

(ii) The Processing is in Our Legitimate Interest: In some cases, we rely on legitimate interest as a legal basis for processing Personal Data to provide our and/or other data controllers’ services. For instance, legitimate interests may include the tailoring of promotional communications, providing analysis of and reporting about ad campaigns, maintaining the security of the Fovus Services, etc.

(iii) Contractual Relationships: Sometimes we process certain data as necessary under a contractual relationship we have.

(iv) Legal Obligations: Some processing of data may be necessary for us to comply with our legal or regulatory obligations.

b.    Transfer of Personal Data

As we work with global companies and technologies, we may need to transfer your Personal Data outside of the country from which it was originally provided.  For instance, we may transfer your data to third parties that we work with who may be located in jurisdictions outside of the EEA, Switzerland, or the United Kingdom, and which have no data protection laws or laws that are less strict in comparison to those in Europe.

When we transfer Personal Data outside of the EEA, Switzerland, or the United Kingdom, we take steps to ensure appropriate safeguards are in place to protect your Personal Data.  Please contact us using the contact information below for more information about the safeguards we have put in place to protect your Personal Data and privacy rights in these circumstances.

c.     Personal Data Retention

As a general matter, we retain your Personal Data for as long as necessary to provide the Fovus Services, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.  If you are a client of ours and thus have an account with us, we will typically retain your Personal Data for a period of one year after you have requested that your account be closed, or such account has been inactive.

d.    Your Rights as a Data Subject

The GDPR provides you with certain rights with respect to Personal Data that data controllers (as explained further below) hold about you, including certain rights to access Personal Data, to request correction of the Personal Data, to request to restrict or delete Personal Data, and to object to our processing of your Personal Data (including profiling for online ad targeting).

(i) Right to Access: If you wish to exercise your right to access Personal Data we process as a data controller, you may do so by requesting access through the email address privacy@fovus.co.  Upon receiving your request, we will assess requests on a case-by-case basis, verify your identity and whether the data truly and solely belongs to you, and may limit the Personal Data we make available.  Please note that we will only grant requests submitted for Personal Data for which we are a data controller.  Where we act as a data processor for one of our clients, we will refer your request to that client.  Please identify the client your request refers to (if possible) to simplify this process.

(ii) Right to Correct: If you wish to exercise your right to correct or update your Personal Data, you may do so by contacting us using the contact information below.

(iii) Right to Object to Processing or to Withdraw Consent: By using the “opt-out” feature described in Section IV above, you may withdraw consent for processing your Personal Data.

(iv) Right to Erasure: You also have the right to request that we erase the Personal Data concerning you that we hold as a data controller.  Please note, however, that we may retain copies of certain Personal Data on inactive or backup files, for our own internal and necessary purposes, including but not limited to auditing, accounting and billing, legal, or bug detection.  We will retain your Personal Data for the period necessary to fulfill any important purposes that we have in retaining it, principally regarding legal, auditing, accounting, and billing obligations.

(v) Right to Lodge Complaints: You have the right to lodge a complaint with a supervisory authority.  However, we hope that you will first consult with us, so that we may work with you to resolve any complaint or concern you might have.

e.  Company as a Data Controller and a Data Processor

EU data protection law makes a distinction between organizations that process Personal Data for their own purposes (known as “data controllers”) and organizations that process Personal Data on behalf of other organizations (known as “data processors”).  If you have a question or complaint about how your Personal Data is handled, we encourage you to direct your inquiry to the relevant data controller, since data controllers hold primary responsibility for your Personal Data.

We may act as either a data controller or a data processor in handling your Personal Data, depending on the precise circumstances.  For instance, for Personal Data that we use internally and independently or we collect about our clients, we are a data controller.  When we handle Personal Data strictly on behalf of our clients or partners in order to provide the Fovus Services to them, we are a data processor.  Thus, for instance, if you have questions about data that is used primarily by companies that serve advertisements that use our technology, you should contact those companies regarding questions about the Personal Data they handle and control.

f. Questions or Concerns

If you are a resident of the EEA, Switzerland, or the UK and have concerns regarding this Section XI, you may contact us by email at privacy@fovus.co or at the address of 222 South Mill Avenue Suite 800, Tempe, AZ 85281.

XII. Additional Information for U.S. States

Depending on applicable laws in your state of residence, you may request to: (a) confirm whether or not we process your personal information; (b) access, correct, or delete the personal information we maintain about you; (c) receive a portable copy of such personal information; and/or (d) restrict or opt out of certain processing of your personal information, such as targeted advertising, or profiling in furtherance of decisions that produce legal or similarly significant effects.  We will respond to requests that are consistent with applicable laws. 

XIII. Third-Party Links

Our Website or the Fovus Services may contain links to other sites that are not operated by us.  If you click on a third-party link, you will be directed to that third-party’s site.  We have no control over and assume no responsibility for the content, privacy policies, or practices of any such third-party sites or services.  We strongly advise you to review the privacy policy of every site you visit.

XIV. Other Important Information

The Fovus Solutions are intended to be used by organizations.  Where the Fovus Solutions are made available to you through an organization (e.g., your employer), that organization is the administrator of the Fovus Solutions and responsible for the accounts and/or services over which it has control.  For example, administrators can access and change information in your account or restrict and terminate your access to the Fovus Solutions.  We are not responsible for the privacy or security practices of an administrator’s organization, which may be different from this Privacy Policy.  Please contact your organization or refer to your organization’s policies for more information.

XV. Changes to Our Privacy Policy  

It is our policy to post any changes we make to our Privacy Policy on this page.  If we make material changes to how we treat our users’ personal information, we will add a statement on the Website home page.  The date the Privacy Policy was last revised is identified at the top of the page.  You are responsible for ensuring we have an up-to-date, active and deliverable email address for you, and we encourage you to periodically visit our Website and this Privacy Policy to stay informed about our practice in protecting your privacy.

XVI. Contact Information  

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

Email: privacy@fovus.co

Telephone: +1 888-399-0350

Address: 25 S Arizona Place, 5th Floor, Chandler, AZ 85225