Definitions for our policies
- Customer Data
- any data, information, content, records, and files that Customer (or any of its Permitted Users) loads, receive through, transmits to or enters into the Fable SaaS Services, including but not limited to Personal Information.
- Fable Feedback
- the information resulting from Fable’s testing of Customer’s digital products that is provided by Fable to Customer during the provision of the Fable SaaS Services.
- Fable SaaS Services
- services through which Fable hosts and makes available the Fable accessibility platform, which is used by companies to test their digital products with people with disabilities, as described in an Order Form and any component thereof. The term “Fable SaaS Services” includes the Support Services, but does not include Professional Services.
- Licensed Third Party Technology
- third party technology that is licensed under separate license terms and not under this Agreement.
- modifications, improvements, customizations, patches, bug fixes, updates, enhancements, aggregations, compilations, derivative works, translations and adaptations, and “Modify” has a corresponding meaning.
- Order Form
- Exhibit A, or any additional order form that references this Agreement and that is executed by both Parties.
- Permitted User
- those employees and independent contractors authorized by Customer on Customer’s behalf to access and use the Fable SaaS Services.
- Personal Information
- information about an identifiable individual.
- Professional Services
- the consulting, training and other professional services set out in an Order Form. The term “Professional Services” does not include Fable SaaS Services.
- any websites used by Fable to provide the Fable SaaS Services, including the websites located at www.makeitfable.com or www.workwithfable.com.
Acceptable Use Policy
The following is Fable’s Acceptable Use Policy (the "AUP") that describes prohibited uses of the Fable SaaS Services.
The provisions contained in the AUP constitute the terms of your use as it relates to acceptable behavior and conduct in connection with your use of the Fable SaaS Services. THESE PROVISIONS ARE NOT MEANT TO BE EXHAUSTIVE. In general, any conduct that violates any law, regulation, or any of the generally accepted norms of the Internet community, whether or not expressly mentioned in the AUP, is prohibited.
Your use of the Fable SaaS Services is subject to the most current version of the AUP posted on the Website. You agree to comply with this AUP. Fable reserves the exclusive right, at any time, to change any portion of the AUP. Any changes will be effective upon posting of the revisions on the Website. Your continued use of the Website or Fable SaaS Services is your acknowledgment of the changes to the AUP, and if you don’t agree to the changes, you must immediately discontinue use of the Website and Fable SaaS Services.
Restrictions on Use
Customer will not itself, and will not permit others to:
- sub-license, sell, rent, lend, lease or distribute the Fable SaaS Services or any intellectual property rights therein, or otherwise make the Fable SaaS Services available to others;
- use the Fable SaaS Services to permit timesharing, service bureau use or commercially exploit the Fable SaaS Services;
- use or access the Fable SaaS Services (A) in violation of any applicable law or intellectual property right, (B) in a manner that threatens the security or functionality of the Fable SaaS Services, or (C) for any purpose or in any manner not expressly permitted in this Agreement;
use the Fable SaaS Services to create, collect, transmit, store, use or process any Customer Data:
- that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
- that Customer does not have the lawful right to create, collect, transmit, store, use or process; or
- that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity);
- Modify the Fable SaaS Services;
- reverse engineer, de-compile or disassemble the Fable SaaS Services;
- remove or obscure any proprietary notices or labels on the Fable SaaS Services, including brand, copyright, trademark and patent or patent pending notices;
- access or use the Fable SaaS Services for the purpose of building a similar or competitive product or service; or
- perform any vulnerability, penetration or similar testing of the Fable SaaS Services.
- upload or transmit, or request any tester to upload or transmit, any of the following content:
- personal financial information, cardholder information, medical information, consumer credit information, personal information of children under 13 years old, student information or any other non-public personally identifiable information that could be legally considered private or sensitive, including without limitation social security numbers, driver’s license numbers, birth dates, personal bank account numbers, passport or visa numbers, passwords, and credit card numbers;
- content that is libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;
- content that promotes or enables any illegal activity; or
- content that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs or code
In the provision of the Fable Services, Customer Data may include individually identifiable information that would allow Fable to determine the actual identity of, and contact, a specific living person, account settings and other data (“Personal Information”).
Any Personal Information required in the rendering of Fable Services is treated as confidential. All information is stored securely and is accessed by authorized personnel only. Fable implements and maintains appropriate technical, security and organizational measures to protect Personal Information against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure.
Collection and Use
During a Customer’s utilization of Fable SaaS Services and Fable Services, Customers may be requested to provide information such as name, company name, email address, address, telephone or other relevant Personal Information. This Personal Information is used by Fable to identify each Permitted User and provide them with Fable Services, support, billing and to meet other contractual obligations. Fable will delete Customer’s Personal Information upon request from such Customer, unless complying with such request would violate an applicable law, statute or other contractual obligation.
All Personal Information shall be processed in data storage centers located in the United States.
Fable has adopted reasonable physical, technical and organizational safeguards against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of Customer Data. Fable will promptly notify the Customer in the event of any known unauthorized access to, or use of, Customer Data.
All data collected by Customers through Fable Services will be stored exclusively in secure hosting facilities provided by Bluehost Hosting Services in partnership with Endurance.
Bluehost User Agreement: https://www.bluehost.com/terms/user-agreement
Fable’s contract with its hosting provider ensures that all hosting is performed in accordance with the highest security regulations. Fable’s policy is to protect and safeguard any personal information obtained by Fable in accordance with Canadian laws governing the protection of personal information and data. Accordingly, Fable adheres to practices and policies that aim to safeguard all such data.
To learn more about Endurance’s security mechanisms, please see: https://drive.google.com/drive/u/0/folders/1WnFbqak4lnqlQCtgb4URyPRypFgql2M7
Authorization of Movement
In the case that Fable should need to modify the geographical location of any, or all, data storage centers, Customers will be notified within reasonable time, and approval will be obtained by those affected, prior to movement.
Retention and Deletion
Fable will keep Customer Data needed to provide Fables Services to the Customer as long as there exists a valid business purpose, in accordance with applicable law, and will delete such data upon written request from the Customer, provided such deletion complies with all applicable laws or regulations. When a Customer’s account is terminated or expired, all Customer Data collected through the platform will be deleted upon written request from Customer as required by applicable law.
In compliance with Sarbanes-Oxley Act (SOX) legislation, Fable creates and retains an archive of all corporate records for no less than five years or a time determined by the individual policies of our clients on a case by case basis.