Privacy Policy

NOTE: The following Privacy Policy apply to Fensak Cloud, interactions with Fensak Web, and providing contributions to Fensak source code. This policy does not apply to Fensak Self-Hosted which would be hosted on your own servers and therefore the Privacy Policy isn't needed.

The privacy of your data—and it is your data, not ours!—is a big deal to us. In this policy, we lay out: what data we collect and why; how your data is handled; and your rights with respect to your data. We promise we never sell your data: never have, never will.

What we collect and why

Our guiding principle is to collect only what we need. Here’s what that means in practice:

Identity & Access

When you join the waiting list for Fensak, we ask for your email address. That's so we can send you product updates and private beta links for the service. We may also contact you to conduct a live interview to learn more about your use case. You can unsubscribe at any time following the links in the email.When you sign up for Fensak, we ask for identifying information such as your name, email address, and maybe a company name. That’s so you can personalize your new account, and we can send you product updates and other essential information. We may also send you optional surveys from time to time to help us understand how you use our products and to make improvements. With your consent, we will send you our newsletter and other updates. We sometimes also give you the option to add a profile picture that displays in our products. You can change your notification settings at any time through the links in the email, or on your account settings page.We’ll never sell your personal information to third parties, and we won’t use your name or company in marketing statements without your permission either.

Billing Information

When you sign up for Fensak, you will be asked to provide your payment information and billing address. Credit card information is submitted directly to our payment processor and doesn’t hit Fensak servers. We store a record of the payment transaction, including the last 4 digits of the credit card number, for purposes of account history, invoicing, and billing support. We store your billing address so we can charge you for service, calculate any sales tax due, send you invoices, and detect fraudulent credit card transactions. We occasionally use aggregate billing information to guide our marketing efforts.

Product Interactions

We store on our servers the content that you upload or receive or maintain in your Fensak product accounts. This is so you can use our products as intended, for example, to upload Terraform packages in Fensak. We keep this content as long as your account is active. If you delete your account, we’ll delete the content within 60 days.

Package Provenance

We generate non-falsifiable, signed provenance information from the package contents that you upload to Fensak. This provenance information includes information about your package, such as the originating repository and organization name. This provenance information is then hashed using SHA256 and uploaded to a Rekor instance, an immutable, tamper-resistant transparency log server. This is to provide a verifiable proof that the provenance information hasn't been tampered with. By default, it will be uploaded to the public Rekor instance maintained by LF Projects. You can change the Rekor instances where the hashed provenance information will be uploaded to from your account settings page, for example, to the private Rekor instance maintained by Fensak (requires Business plan), or a Rekor instance maintained by you. In all instances, by design, this information will remain on the Rekor servers even after account deletion. We only upload the hashed provenance information to ensure that the data is anonymized and impossible to relate back to you. The raw provenance data is only accessible in Fensak over proper authenticated sessions, and is deleted when your uploaded content is deleted as a part of account deletion.

Geolocation Data

We log the full IP address used to sign up a product account and retain that for use in mitigating future spammy signups. We also log all account access by full IP address for security and fraud prevention purposes, and we keep this login data for as long as your product account is active.

Website Analytics

We use Plausible Analytics to track overall trends in the usage of our website. Plausible Analytics collects only aggregated information, which does not allow us to identify any visitor to our website. For more information, please visit the Plausible Analytics Data Policy.

Anti-bot Assessments

We use Cloudflare Turnstile across our service to mitigate brute force logins. We have a legitimate interest in protecting our apps and the broader Internet community from credential stuffing attacks and spam. When you log into your Fensak account and when you fill in certain forms, the CAPTCHA service evaluates various information (e.g., IP address, how long the visitor has been on the app, mouse movements) to try to detect if the activity is from an automated program instead of a human. We retain these data via our subprocessor indefinitely for use in spam mitigation. The data collected is minimal, and no cookie information is used for this purpose. For more information, please visit the Cloudflare Turnstile documentation and Cloudflare Privacy Policy.

Cookies

We use persistent first-party cookies and some third-party cookies to store login sessions, certain preferences, make it easier for you to use our applications, and perform A/B testing.A cookie is a piece of text stored by your browser. It may help remember login information and site preferences. It might also collect information such as your browser type, operating system, web pages visited, duration of visit, content viewed, and other click-stream data. You can adjust cookie retention settings and accept or block individual cookies in your browser settings, although our apps won’t work and other aspects of our service may not function properly if you turn cookies off.

Third-party Cookies

Fensak uses the following third-party cookies:Ory (required): Authentication service relying on cookies for tracking login sessions. Disabling this Cookie makes it impossible for us to track your login session and you will not be able to use the site. 2 week expiry.Cloudflare (required): Bot management and session affinity for global cache. Refer to the Cloudflare Privacy Policy for more details on the cookies and their use.

Voluntary Correspondence

When you email Fensak with a question or to ask for help, we keep that correspondence, including your email address, so that we have a history of past correspondence to reference if you reach out in the future.We also store information you may volunteer, for example, written responses to surveys. If you agree to a customer interview, we may ask for your permission to record the conversation for future reference or use. We will only do so with your express consent.

When we access or share your information

To provide products or services you’ve requested. We use some third-party subprocessors to help run our applications and provide the Services to you. The following is a list of third-party subprocessors we use:Microsoft Azure. Cloud services provider.
Cloudflare. Cloud services provider.
Grafana Labs. Infrastructure and application monitoring.
Ory Cloud. Customer identity authentication and authorization service.
Paddle. Merchant of record.
Honeybadger. Error reporting service.
Plausible Analytics. Analytics service.
HubSpot. Customer sales and ticketing service.
GitHub. Version control software.
Public Rekor instance managed by LF Projects. Transparency log for
anonymized hashed data and signatures.
Carrd. Landing page provider.We may share your information at your direction if you integrate a third-party service into your use of our products. For example, we may allow you, at your option, to connect your GitHub account to your Fensak account so that we can pull repositories from GitHub to store in the registry. Source code that you push to GitHub will be stored by both Fensak and GitHub and will be available to you from both services.No Fensak human looks at your content except for limited purposes with your express permission, for example, if an error occurs that stops an automated process from working and requires manual intervention to fix. These are rare cases, and when they happen, we look for root cause solutions as much as possible to avoid them recurring. We may also access your data if required in order to respond to legal process (see “When required under applicable law” below).

To help you troubleshoot or squash a software bug, with your permission. If at any point we need to access your content to help you with a support case, we will ask for your consent before proceeding.

To investigate, prevent, or take action regarding restricted uses. Accessing a customer’s account when investigating potential abuse is a measure of last resort. We want to protect the privacy and safety of both our customers and the people reporting issues to us, and we do our best to balance those responsibilities throughout the process. If we discover you are using our products for a restricted purpose, we will take action as necessary, including notifying appropriate authorities where warranted.

When required under applicable law.Fensak, LLC is a U.S. company and all data infrastructure are located in the U.S.Requests for user data. Our policy is to not respond to government requests for user data unless we are compelled by legal process or in limited circumstances in the event of an emergency request. However, if U.S. law enforcement authorities have the necessary warrant, criminal subpoena, or court order requiring us to share data, we must comply. Likewise, we will only respond to requests from government authorities outside the U.S. if compelled by the U.S. government through procedures outlined in a mutual legal assistance treaty or agreement. It is Fensak’s policy to notify affected users before we share data unless we are legally prohibited from doing so, and except in some emergency cases.Preservation requests. Similarly, Fensak’s policy is to comply with requests to preserve data only if compelled by the U.S. Federal Stored Communications Act, 18 U.S.C. Section 2703(f), or by a properly served U.S. subpoena for civil matters. We do not share preserved data unless required by law or compelled by a court order that we choose not to appeal. Furthermore, unless we receive a proper warrant, court order, or subpoena before the required preservation period expires, we will destroy any preserved copies of customer data at the end of the preservation period.If we are audited by a tax authority, we may be required to share billing-related information. If that happens, we will share only the minimum needed, such as billing addresses and tax exemption information.Finally, if Fensak, LLC is acquired by or merges with another company we’ll notify you well before any of your personal information is transferred or becomes subject to a different privacy policy.

Your rights with respect to your information

At Fensak, we strive to apply the same data rights to all customers, regardless of their location. Some of these rights include:Right to Know. You have the right to know what personal information is collected, used, shared or sold. We outline both the categories and specific bits of data we collect, as well as how they are used, in this privacy policy.Right of Access. This includes your right to access the personal information we gather about you, and your right to obtain information about the sharing, storage, security and processing of that information.Right to Correction. You have the right to request correction of your personal information.Right to Erasure / “To Be Forgotten”. This is your right to request, subject to certain limitations under applicable law, that your personal information be erased from our possession and, by extension, from all of our service providers. Fulfillment of some data deletion requests may prevent you from using Fensak services because our applications may then no longer work. In such cases, a data deletion request may result in closing your account.Right to Complain. You have the right to make a complaint regarding our handling of your personal information with the appropriate supervisory authority.Right to Restrict Processing. This is your right to request restriction of how and why your personal information is used or processed, including opting out of sale of personal information. (Again: we never have and never will sell your personal data.)Right to Object. You have the right, in certain situations, to object to how or why your personal information is processed.Right to Portability. You have the right to receive the personal information we have about you and the right to transmit it to another party.Right to not Be Subject to Automated Decision-Making. You have the right to object to and prevent any decision that could have a legal or similarly significant effect on you from being made solely based on automated processes. This right is limited if the decision is necessary for performance of any contract between you and us, is allowed by applicable law, or is based on your explicit consent.Right to Non-Discrimination. We do not and will not charge you a different amount to use our products, offer you different discounts, or give you a lower level of customer service because you have exercised your data privacy rights. However, the exercise of certain rights may, by virtue of your exercising those rights, prevent you from using our Services.
Many of these rights can be exercised by signing in and updating your account information.If you have questions about exercising these rights or need assistance, please contact us at support@fensak.io.If you are in the EU or UK, you can contact your data protection authority to file a complaint or learn more about local privacy laws.

How we secure your data

All data is encrypted via SSL/TLS when transmitted from our servers to your browser. Any files which you upload to us are stored and are encrypted at rest. Our application databases are encrypted at rest.All data are written to multiple disks instantly, backed up daily, and stored in multiple locations. Files that our customers upload are stored on servers that use modern techniques to remove bottlenecks and points of failure.

Location of site and data

Our products and other web properties are operated in the United States. If you are located in the European Union, UK, or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to and stored in the United States. By using our websites or Services and/or providing us with your personal information, you consent to this transfer.

Changes & questions

We may update this policy as needed to comply with relevant regulations and reflect any new practices. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify users.Have any questions, comments, or concerns about this privacy policy, your data, or your rights with respect to your information? Please get in touch by emailing us at support@fensak.io and we’ll be happy to try to answer them!