Privacy Policy | Windsurf Editor and Codeium extensions

PRIVACY NOTICE

Last updated August 16, 2024

Thank you for choosing to be part of our community at Exafunction, Inc. ("Company," "we," "us," or "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at hello@codeium.com.

This privacy notice describes how we might use your information if you:

Visit our website at codeium.com
Engage with us in other related ways ― including any sales, marketing, or events

In this privacy notice, if we refer to:

"Personal Information," we are referring to information that alone or in combination with other information in our possession could be used to identify you
"Website," we are referring to any website of ours that references or links to this policy
"Services," we are referring to our Website, and other related services, including our downloadable extension, application programming interfaces("APIs"), associated software, tools, developer services, data and documentation

The purpose of this Privacy Policy is to explain to you in the clearest way possible what Personal Information we collect, how we use it, and what rights you have in relation to it. If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of our Services immediately. By using our Services, you agree to the collection, use, disclosure and procedures this Privacy Policy describes. Beyond this Privacy Policy, your use of our Services is also subject to our Terms of Service.

TABLE OF CONTENTS

WHAT PERSONAL INFORMATION DO WE COLLECT?
HOW DO WE USE YOUR PERSONAL INFORMATION?
WILL YOUR PERSONAL INFORMATION BE SHARED WITH ANYONE?
WHO WILL YOUR PERSONAL INFORMATION BE SHARED WITH?
DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
IS YOUR PERSONAL INFORMATION TRANSFERRED INTERNATIONALLY?
HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?
HOW DO WE KEEP YOUR PERSONAL INFORMATION SAFE?
DO WE COLLECT PERSONAL INFORMATION FROM MINORS?
WHAT ARE YOUR PRIVACY RIGHTS?
CONTROLS FOR DO-NOT-TRACK FEATURES
DO WE MAKE UPDATES TO THIS NOTICE?
HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT PERSONAL INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect Personal Information that you voluntarily provide to us when you register an account on the Website, use our Services or otherwise contact us. The Personal Information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use.

We may collect names; email addresses; job titles; contact or authentication data; phone numbers; usernames; passwords; and other similar information.

All Personal Information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such Personal Information.

Information automatically collected

In Short: Some Personal Information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you use our Services.

We automatically collect certain information when you visit, use or navigate our Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Services, and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).

2. HOW DO WE USE YOUR PERSONAL INFORMATION?

In Short: We may use your Personal Information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use Personal Information collected via our Services for a variety of business purposes described below. We use your Personal Information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific grounds we rely on next to each purpose listed below.

We may use the information we collect or receive:

To provide and maintain our Services. We may use your Personal Information to provide our Service and troubleshoot technical issues.
To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
To post testimonials. We post testimonials on our Website that may contain Personal Information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at hello@codeium.com and be sure to include your name, testimonial location, and contact information.
Request feedback. We may use your information to request feedback and to contact you about your use of our Website or Services.
To manage user accounts. We may use your information for the purposes of managing your account and keeping it in working order.
To send administrative information to you. We may use your Personal Information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).
To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
To send you marketing and promotional communications. We and/or our third-party marketing partners may use the Personal Information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect Personal Information from you. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS?" below).
For other business purposes. We may use your Personal Information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include Personal Information.

3. WILL YOUR PERSONAL INFORMATION BE SHARED WITH ANYONE?

In Short: We only share Personal Information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may share Personal Information based on the following legal bases:

Consent: We share Personal Information for a specific purpose if you have given us specific consent to do so.
Performance of a Contract: Where we have entered into a contract with you, we may process your Personal Information to fulfill the terms of our contract.
Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

Business Transfers. We may share or transfer your Personal Information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Vendors, Consultants and Other Third-Party Service Providers. We may share your Personal Information with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. For more information, see “WHO WILL YOUR PERSONAL INFORMATION BE SHARED WITH?” below. We may allow selected third parties to use tracking technology on the Website, which will enable them to collect data on our behalf about how you interact with our Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

4. WHO WILL YOUR PERSONAL INFORMATION BE SHARED WITH?

In Short: We only share Personal Information with the following categories of third parties.

We only share and disclose your Personal Information with the following categories of third parties. If we have shared your Personal Information based on your consent and you wish to revoke your consent, please contact us using the contact details provided in the section below titled "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?".

Website Hosting Service Providers
Cloud Computing Services
Customer Intelligence Platforms

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store Personal Information, including your browser type, operating system version, domains, IP address, the URL of the page that referred you, referring/exit pages and information about your interactions with ourWebsite (such as the time of your visit to our Website, page views, where you have clicked and Website traffic trends). To learn more about cookies, please visit www.allaboutcookies.org/.

6. IS YOUR PERSONAL INFORMATION TRANSFERRED INTERNATIONALLY?

In Short: We may transfer, store, and process your Personal Information in countries other than your own.

Our servers are located in the United States. If you are accessing our Services from outside the United States, please be aware that your Personal Information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your Personal Information (see "WILL YOUR INFORMATION BE SHARED WITH ANYONE?" above) in the United States, and other countries.

If you are a resident in the European Economic Area (EEA) or United Kingdom (UK), then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country.

7. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

In Short: We keep your Personal Information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law.

We will only keep your Personal Information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this Privacy Policy will require us keeping your Personal Information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize such information, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

8. HOW DO WE KEEP YOUR PERSONAL INFORMATION SAFE?

In Short: We aim to protect your Personal Information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your Personal Information, transmission of Personal Information to and from our Services is at your own risk. You should only access the Services within a secure environment.

9. DO WE COLLECT PERSONAL INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If you become aware of any Personal Information we may have collected from children under age 18, please contact us at hello@codeium.com.

10. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your Personal Information. You may review, change, or terminate your account at any time.

In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your Personal Information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

If you are a resident in the EEA or UK and you believe we are unlawfully processing your Personal Information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

If you have questions or comments about your privacy rights, you may email us at hello@codeium.com.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Service and/or comply with applicable legal requirements.

Cookies and similar technologies: technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

11. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

12. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this Privacy Policy from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information.

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at hello@codeium.com or by post to:

Exafunction, Inc.

900 Villa Street

Mountain View, CA 94041

United States

14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the Personal Information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your Personal Information, please visit: codeium.com/contact.