PRIVACY POLICY

siliconCFO Inc. dba Shiny

Effective: August 9, 2021

This privacy policy (“Policy”) describes how siliconCFO Inc. dba Shiny. and its related companies (“Shiny”, “Company”, “we”, “us” or “our”) collect, use and share Personal Information of users of the website, useshiny.com (the “Site”) and any other websites, platforms, features, applications, widgets or online services that are owned or controlled by Company and that post a link to this Privacy Policy (together with the Site, the “Services”), as well as any information Company collects offline in connection with the Services. “You” or “your” means individuals who access the Site and/or Services. 

This Privacy Policy is incorporated into and subject to our Terms of Use and Fractional Candidate Service Terms are incorporated herein.  “Personal Information” means any information that, alone or in combination, that can identify or potentially identify a natural person. Defined terms that do not have definitions herein have the meaning as described in the Terms of Use or Fractional Candidate Terms.

By accessing the Site and/or Services, you agree to be bound by this Privacy Policy. If you do not agree to the terms in this policy, do not access the Site or Services.

Shiny matches companies seeking professional services from experienced and pre-vetted candidates such as Chief Financial Officers (“CFOs”), Chief Operating Officers (“COOs”), Chief Techology Officer (“CTOs”), etc. These professionals are engaged on a part-time basis according to our client’s needs and resources and billed on either a monthly or hourly basis.  Our online platform connects clients and our candidate talent pool for specific projects.

WHAT INFORMATION WE COLLECT

We collect information about you in a range of ways.

Information You Give Us. We collect your‎ name, postal address, email address, phone number, fax number, username, password, demographic information (such as your gender and occupation) as well as other information you directly give us on our Site or through the Services, such as when you open an account with us or submit an application online to be considered for our candidate talent pool, as described below:

Account Registration – For companies seeking to engage one of our candidates, it is necessary that an authorized representative(s) create an account with us. To open an account, you will need to provide your name, email address, telephone number, title, company name and address, billing address and payment information.  You will also be asked to create a unique ID and password to access your account.  Payments are processed by our payment provider. We do not store credit card or address information.

Applicants for Our Candidate Talent Pool – Individuals seeking to be considered for our candidate talent pool, you will need to provide certain Personal Information, including your name, address, email address, telephone number, work history (in a resume or CV), industry sector experience, recommendations, social media links, and the like.  Please be advised that this information will be shared with client companies that are seeking to engage a candidate for a specific project.  Accepted candidates will then be asked to open an account and create an individual profile that will be viewable by our client companies.

Information We Collect from Others. We may get information about you from other sources. We may add this to information we collect from the Site or Services.  If we combine the information we receive from others with information we collect through the Site or Services, we will treat the combined information as described in this Privacy Policy.

Background Checks. For all applicants, we will take steps to verify your identity and conduct a criminal background check.  We will share your Personal Information with vendors and third-party providers to obtain these services. 

Information Automatically Collected. We automatically log information about you and your device. For example, when visiting our Site or using the Services, we collect your device’s IP address (and corresponding geographic region), operating system type, browser type, browser language, the website you visited before browsing to our Site (if any), pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site or Services. We do not associate this statistical information with your Personal Information that we otherwise may collect. Also, we may use third party analytics providers to help us understand and use this statistical data to improve the Site and Services.

Non-Identifying and Personal Information.  We may combine your Personal Information with a Non-Identifying Information, but we will treat the combined information as Personal Information as described in this Privacy Policy.

Cookies and other Tracking Technologies. We may collect information about using “cookies” and other tracking technologies.  Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site.   This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

The following Cookies are deployed on the Site:

• Strictly Necessary Cookies: These Cookies are strictly necessary to provide the Site. For example, they are used to authenticate and identify returning users.
• Performance and Functionality Cookies: These Cookies provide statistical information on the Site usage, such as web analytics. They also help us to personalize and enhance your online experience.
• Advertising Cookies: Advertising Cookies track activity across websites in order to understand a viewer’s interests, and to direct online targeted ads to them.

Just like any other usage information we collect, information from Cookies allows us to improve the Site and customize your online experience. You can set your browser to accept all Cookies, reject all Cookies, or notify you when a cookie is set.  See www.allaboutcookies.org to learn how to disable Cookies on your browser or otherwise opt out of Cookies. if you set your browser to disable all Cookies or opt out, some features of the Site may not function properly.

We also use web beacons and pixels on our Site and in emails to you. For example, we may place a pixel in marketing emails that notify us when you click on a link in the email. We use these technologies to operate and improve our Site and marketing emails.

Interest-Based Targeted Advertising. In some instances, you can opt-out of receiving interest-based targeted ads from third party advertisers and ad networks. We do not control third parties’ collection or use of your information to serve interest-based advertising. Advertisers and ad networks that are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising provide opt-out choices at the following websites:

Be advised that these opt-out tools are provided by third parties and may not be available with respect to all online advertising that is presented to you. We do not control or operate these tools or the choices that advertisers and others provide through these tools.  Even if you opt out of receiving interest-based advertising, you may still receive generic ads.

In addition, we use Google Ads and Facebook Ads.  Users may control their ad settings with Google at https://adssettings.google.com/authenticated?hl=en.  Users can manage Facebook Ads at the Settings feature after logging into their Facebook account.

Google Analytics. We use Google Analytics to help us manage and improve the Sites and Services. Google provides a Browser Add-On that allows you to opt-out by downloading and installing the add-on for your web browser. This is available here https://tools.google.com/dlpage/gaoptout.

This Privacy Policy does not cover the use of Cookies or other tracking technologies used by third parties, and we are not responsible for their privacy policies and practices. Please be aware that Cookies and other tracking technologies placed by third parties may continue to track your activities online even after you have left our Site.

HOW WE USE YOUR PERSONAL INFORMATION

We may use your Personal Information as follows:

• To provide and deliver our Services and other contractual requirements.

• To operate, maintain, and improve our Site and Services.
• For our legitimate interests.
• To respond to comments and questions and provide customer service.
•  To send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
• To communicate about promotions, upcoming events, and other news about products and services that may be offered by us.
• To link or combine Personal Information with other Personal Information of other individuals.
• To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
• To comply with our legal obligations.

HOW WE SHARE YOUR PERSONAL INFORMATION

We may share your Personal Information as follows:

• With designated vendors and service providers, which are contractually obligated to protect the security and confidentiality of Personal Information we disclose to them to provide the requested services.  Payments are processed by our payment provider. We do not store credit card or address information.
• As part of a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
• For legal, protection, and safety purposes:
  • To comply with applicable laws.
  • To respond to lawful requests and legal processes.
  • To protect the rights and property of Shiny, our agents, clients, and others. This includes enforcing our agreements, policies, and Terms of Use.
  • In an emergency. This includes protecting the safety of our employees and agents, our clients, or any person.

We may also share aggregated and/or anonymized data with others for their own uses.

We may also use third-party analytics tools (such as Google Analytics) to help us measure traffic and usage trends for the Site and Services. These tools collect information sent by your device or our Site and Services, including the webpages you visit, add-ons, and other information that assists us in improving the Site and Services. We collect and use this analytics information with analytics information from other users so that it cannot reasonably be used to identify any particular individual user.

Finally, we never use or share the Personal Information provided to us online for purposes not described in this Privacy Policy without also providing you an opportunity to opt-out of such unrelated uses.

INFORMATION RIGHTS, CHOICES AND CHANGES

Subject to applicable law, an individual has the right to request from us a copy of what Personal Information that we have collected or to ask to correct or update their Personal Information we maintain. Individuals can also request that we delete their Personal Information from our systems and records. We strive to respond to these requests with 30 days or as required in accordance with applicable law. We may request proof of your identity before acting upon any request. We may not be able to allow you to access certain Personal Information in certain instances, such as, without limitation, if your Personal Information is connected with Personal Information of other users, or for legal reasons. In those instances, we will provide you with an explanation why you cannot obtain your Personal Information. We may also deny your request for deletion or rectification of your Personal Information due to statutory provisions, especially those affecting Company’s accounting, processing of claims, and mandatory data retention, which may prohibit deletion or anonymization.

Whenever you directly provide us with your Personal Information, please be sure it is accurate and complete. We cannot be responsible for any information you provide to us that is incomplete or incorrect.

We will not collect, use, or disclose your Personal information in any ways or for any purposes that are materially different from those set forth herein. However, if we wish to do so in the future, we will obtain your consent first, and offer you the choice to opt-out of such proposed collection, use, or disclosure.

If we send you promotional or marketing messages, you will be able to opt out of receiving our marketing or promotional email communications by using the “Unsubscribe” feature at the bottom of each email from us or by requesting to opt out by emailing us at privacy@useshiny.com. Please note that you cannot opt out of receiving transactional communications from us regarding services you request, your account with us or other transactional or administrative issues.

PROJECT LISTINGS THROUGH OUR PLATFORM

Our online platform serves as marketplace to connect our client companies with our candidate talent pool.  If you choose to post a project listing via the platform as a client, the project listing will be available to registered users of the platform.  

NO RIGHTS OF THIRD PARTIES

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any Personal Information relating to users of the Site and Services.

LOCATED IN THE UNITED STATES

Shiny is owned and operated in the United States (“US”) and the Site and Services are governed by US law. If you are outside the US when you access the Site or Services or engage in communications with us, be aware that your Personal Information may be transferred to, stored, and processed by our data centers in the US. Any information you provide to us, or that we collect through your use of the Site or Services, will be stored, processed, and transferred within, or to, the US. Please be aware that the US and other jurisdictions may not provide the same level of data protection as the location from which you are accessing the Site or Services. Note also that your Personal Information may be available to the US Government or its agencies under legal processes in the US.  Your access to the Site and Services constitutes consent to the transfer of your Personal Information to the US for the purposes described in this Privacy Policy

NOTICE FOR EEA, UK AND SWITZERLAND RESIDENTS

For residents of the European Economic Area (EEA), United Kingdom (UK) or Switzerland we advise that your Personal Information will be transferred to and processed in the United States, which has data protection laws that are different than those in your country and may not be as protective. The United States has not sought or received a finding of “adequacy” from the European Union under Article 45 of the General Data Protection Regulation (GDPR). Our legal basis for collecting and using your Personal Information is to do so with your consent; where we need the Personal Information for performance of a contract or requested service, or where the collection and use is in our or another’s legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the Personal Information in question. If we collected your Personal Information with your consent, you may withdraw your consent at any time.

Our retention of your Personal Information and any subsequent communications are based on our legitimate interest in providing you with new and potentially relevant materials based on your geography, role, or company. As always, you can elect to opt out from receiving such future communications.

To the extent that we transfer Personal Information from the EEA, UK or Switzerland to a third country that has not been adduced by the European Commission as providing adequate data protections (such as the United States), we will ensure that such Personal Information is safeguarded through appropriate contractual terms or other approved mechanisms.

If you are a resident of the EEA, UK or Switzerland you have the right to:

• Find out if we use your Personal Information, to access your Personal Information and receive copies of your Personal Information.
• Withdraw any express consent that you have provided to the processing of your Personal Information at any time without penalty.
• Access your Personal Information and have it corrected or amended if it is inaccurate or incomplete.
• Obtain a transferable copy of some of your Personal Information which can be transferred to another provider when the Personal Information was processed based on your consent.
• If you believe your Personal Information is inaccurate, no longer necessary for our business purposes, or if you object to our processing of your Personal Information, you also have the right to request that we restrict the processing of your data pending our investigation and/or verification of your claim.
• Request your Personal Information be deleted or restricted under certain circumstances. For example, if is using your Personal Information on the basis of your consent and has no other legal basis to use such, you may request your Personal Information be deleted when you withdraw your consent.

Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

If we ask you to provide Personal Information to us to comply with a legal requirement or enter into a contract, we will inform you of this and let you know whether providing us with your Personal Information is required and if not, the consequences of not sharing your Personal Information with us.

Similarly, if we collect and use your Personal Information in reliance on our or a third party’s legitimate interests and those interests are not already described above, we will let you know what those legitimate interests are.

We endeavor to apply suitable safeguards to protect the privacy and security of your Personal Information and to use it only consistent with your relationship with us and the practices described in this Privacy Policy.

To withdraw consent or exercise these rights, please contact us at privacy@useshiny.com.  

If you are not satisfied with our response, or believe we are processing your Personal Information in violation of applicable law, you have the right to lodge a complaint with a relevant Supervisory Authority (also known as Data Protection Authority) or other appropriate governmental authority.   A list of Supervisory Authorities is available at: https://edpb.europa.eu/about-edpb/board/members_en.

The data controller for your Personal Information is Shiny Inc.

NOTICE FOR CANADA RESIDENTS

For users of the Site and Services from Canada, we take appropriate steps to comply with applicable Canadian data privacy requirements, including the Anti-Spam Legislation (CASL) and the Personal Information Protection and Electronic Documents Act (PIPEDA). Note, however, that Personal Information stored or processed outside of Canada, including in the US or another foreign country, may not be subject to the PIPEDA. In addition, Personal Information stored or processed outside of Canada is subject to the laws of that other country and may be available to the foreign government of the country in which the Personal Information or the entity controlling it is located pursuant to a lawful order in that jurisdiction. This Privacy Policy is intended to provide the required notices regarding our collection and use of Personal Information, including transfer to the United States.

You may request to access, correct, or delete your Personal Information, or withdraw consent to our collection, use or disclosure of your Personal Information, by contacting us at privacy@useshiny.com.

These rights are subject to applicable contractual and legal restrictions and reasonable notice. We may take reasonable steps to verify your identity before honoring any such requests.

NOTICE FOR CALIFORNIA RESIDENTS

This section applies solely to California residents (individual consumers and households), in accordance with the California Consumer Privacy Act of 2018 (“CCPA”).  NOTE THAT WE DO NOT SELL PERSONAL INFORMATION AS DEFINED IN THE CCPA.

Information we Collect 

We collect the following types of Personal Information, as defined and classified in CCPA Cal. Civ. Code § 1798.140(o):

Your Rights

CCPA affords you certain rights with regard to data collection and deletion. The CCPA gives you the following rights:

• You can ask us what categories and types of Personal Information we have collected for you over the last 12 months, why such information was collected.  You can request a copy of such information.
• You can request we delete any Personal Information we have for you.
• You cannot be discriminated against for exercising your CCPA rights.

To contact us, please email us at privacy@useshiny.com. We will respond to your inquiry no later than 45 days after receipt or inform you if additional time is needed.  We may request that you provide information to verify that we have any Personal Information about you in our records and systems. 

Denial of data deletion requests

In accordance with the CCPA, we may deny your request to delete Personal Information based on the following:  

• The data is needed to complete a transaction

• We have legal obligations for our company or industry
• The data is needed for security and technical purposes
• In connection with the right to free speech
• Required for research as defined by the Act
• There is a legitimate interest to keep the data

Other California Rights

• Pursuant to California’s “Shine The Light law (California Statute § 1798.983), California residents are entitled, once a year and free of charge, to request the disclosure of certain categories of Personal Information to third parties for their own direct marketing purposes in the preceding calendar year, if any.  You may request this information by contacting us at privacy@useshiny.com and indicate in the email subject line, “California Shine The Light Request.”  Please include your mailing address, confirmation of California residency, and email address with your request. 
• For California residents under the age of 18 and registered users of the website, California law (Business and Professionals Code § 22581) provides that you can request the removal of content or information you posted on the Site.  Any such request should be sent to us at privacy@useshiny.com along with a description of the posted content or other information to be removed.  Be advised, however, that applicable law may not permit us to completely or comprehensively remove your deleted content or for other reasons as set forth in this California law. 
• The California Online Privacy Protection Act (“CalOPPA”) requires that online privacy notices disclose how a website responds to “Do Not Track” signals (“DNT”). We currently do not honor DNT signals. 

NOTICE FOR NEVADA RESIDENTS

Under Nevada law, Nevada residents may opt out of the sale of “Personally Identifiable Information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally Identifiable Information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing us at privacy@useshiny.com.

DATA RETENTION AND SECURITY

We will retain your Personal Information for a period of time consistent with the original purpose of collection and to provide you with the Services you have requested, or as long as required to fulfill our legal obligations. We determine the appropriate retention period for Personal Information on the basis of the amount, nature, and sensitivity of the Personal Information being processed, the potential risk of harm from unauthorized use or disclosure of the Personal Information, whether we can achieve the purposes of the processing through other means, and on the basis of applicable legal requirements (such as applicable statutes of limitation).

We have implemented commercially reasonable precautions and industry standard data practices to protect collected Personal Information including in secured databases at our hosting provider. We do not store credit card information or billing addresses. However, there is always risk inherent to providing information online. To reduce potential exposure, we encourage you to use an email address and password for this Site that is not used anywhere else on the internet.

If you establish an account with us, do not provide your login information, including your password, to another person. We cannot be responsible for a data breach or other incident if a password is used by unauthorized persons.

CHILDREN. The Site and Services are intended to enable our clients to obtain professional services.  Accordingly, you must be over 18 to access the Site and Services.  We do not knowingly collect the Personal Information of individuals younger than 18.  If you believe we have collected the Personal Information of individuals younger than 18, please contact us at privacy@useshiny.com and we will delete the information.

CONTACT INFORMATION. We welcome your comments or questions about this Privacy Policy by emailing us at privacy@useshiny.com. You may also contact us at our address:

siliconCFO Inc. dba Shiny

134 N 4^th St

Brooklyn, NY 11249 USA

CHANGES TO THIS PRIVACY POLICY. This Privacy Policy is effective as of the date written above. We reserve the right to make changes to this Privacy Policy at any time. If we change this policy in any material way, we will provide at least 30 days’ advance notification by posting a notice of the change on the Site. Changes will not be applied retroactively to information obtained under a previous policy without your express consent. Each time you access the Site or Services thereafter, you will be deemed to have accepted any such changes to the Privacy Policy.