Last updated: 30 March 2021
By using any portion of the Service, you agree to comply with and be bound by this Agreement. This Agreement applies to you regardless of whether you are a "Member" (which means you have created an account with Finch) or are a "Visitor" (which means that you are using the Service but have not created an account with Finch). The term "you" or "User" refers to a Visitor or a Member. The term "we" or "our" refers to Finch. You must be an individual and at least 18 years old, or the age of majority in your state or country of residence, to use the Service. You may not use the Service or accept this Agreement if you are not of a legal age and able and competent to form a binding contract with Finch. If you use the Service, you represent that you have the capacity to be bound by this Agreement. The Service is for personal, non-commercial use. You agree that you are not using the Service for or on behalf of any third-party or for any commercial purpose.
Finch may amend this Agreement or other policies that govern the Service from time to time. Any changes to the Agreement will be posted on the website, and it will indicate the date the Agreement was last revised. If you do not agree to the changes, you must uninstall any applicable Finch software and stop using the Service. By continuing to use the Service after any changes to this Agreement, you agree to be bound by those changes.
Privacy and your Personal Information
Finch decodes products’ environmental and social impacts to help people make informed decisions. Our reliable, easy-to-digest ratings and recommendations provide you with the intel you need to find the best of the best and decide when to buy and when to save. Our proprietary algorithm digs deep to pinpoint what consumers actually need to live most efficiently.
Finch’s overarching goal is to make the world a more habitable and socially just plane to live on. We achieve this in two ways: by directing customers towards products that are made in forward-thinking ways and by sharing pertinent information with brands to help them become more sustainable.
Through our Extension and Wise Guides we provide you with reliably simple and efficient intel you need to make informed choices when shopping.
When you buy something recommended by Finch, we may or may not get an affiliate fee for directing you towards that product. Our affiliate fee partnerships have absolutely nothing to do with the rating that we give a specific product. We may also receive money by selling aggregated data to brands about consumer habits.
While we attempt to provide accurate descriptions for the products and other information shown within or through the Service, much of the information we display is provided by third-parties that we do not control. We do not warrant that the product descriptions or related merchant information or terms shown through the Service (including the browser extension or Website) are accurate, complete, reliable, current, or error-free. The inclusion of any products within the Finch Website does not imply or warrant that these products will be available at any other time.
Finch Is Not Responsible for Third-Parties
Finch is not responsible for any products you purchase from a third-party merchant, including those linked from the Finch website or displayed through the Finch browser extension, or any information contained on the merchant's website.
You agree that your purchase from a third-party merchant is subject to the merchant’s own terms and conditions applicable to such purchase. You agree that Finch is in no way responsible or liable to you for any products you purchase through or using the Service, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions. You acknowledge and agree that Finch is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.
If you have a dispute with any third-party (including a merchant from whom you purchase a product in connection with the Service), you agree that Finch is under no obligation to become involved. To the maximum extent permitted by applicable law, you release Finch, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any dispute you have with a third-party in connection with the Service. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Electronic Notices and Notifications
By providing us with your email address, you agree to receive all account related notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. We may also use your email address 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 click "Unsubscribe" in any e-mail communications we send you.
Finch may provide you with electronic notifications by email, push notification or other electronic means. Some electronic notifications are mandatory, including security-related notifications, such as when you update your log-in information or password (as applicable). Other types of notifications are voluntary and may be modified through the Service. They may be customized, deactivated or reactivated by you. Electronic notifications will be sent to the email address you have provided as your primary email address for the Service.
Because notifications are not encrypted, we will never include your password. However, notifications may include your Finch login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. While you may disable certain voluntary notifications, we will still send you Service-related notices as needed to allow us to provide you the Service.
Finch’s Intellectual Property Rights
The contents of the Service, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under copyright, trademark and other laws. The contents of the Service belong or are licensed to Finch or its software or content suppliers. Finch grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service other than as expressly permitted in this Agreement and without our prior written consent, is prohibited. If you would like to request such permission, shoot us an email at firstname.lastname@example.org.
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non- commercial purposes. Subject to your compliance with this Agreement, Finch hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (i) use the software and content provided to you as part of the Service (for personal, non-commercial purposes); and (ii) download a single copy of our software for such use.
Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by Finch. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.
Finch cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Finch cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings (as applicable).
As part of the Charm program, Finch may ask you to provide feedback (“User Content”) about certain products. When submitting your feedback, you agree to the following rules:
- By submitting User Content to us, you represent that you have all necessary rights and you hereby grant Finch a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and Finch’s business, including without limitation for promoting and redistributing part or all of the User Content (and derivative works thereof) in any media formats and through any media channels.
- You may not transmit any content, message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You represent, warrant, and agree that you will not contribute any User Content or otherwise use the Service or interact with the Service in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Finch);
- Violates any law or regulation or this Agreement;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Finch account or anyone else's (such as allowing someone else to log in to the Service as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other User;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or "spam" on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service's infrastructure) or that would bypass the navigational structure or presentation of the Service;
- "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Service (through use of manual or automated means); or
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service.
If you violate or infringe any of the rules above, we may immediately suspend or terminate your right to use or access the Service.
Disclaimer of Representations and Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. FINCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
FINCH MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FINCH MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. Finch does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that Finch shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third-party in reliance on a notification.
Limitations on Finch's Liability
FINCH SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF FINCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FINCH'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF FINCH SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
You shall defend, indemnify and hold harmless Finch and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees and other legal expenses, in whole or in part arising out of or attributable to your use of the Service (including any purchases you make within the Finch Extension) or any breach of this Agreement by you or your violation of any law or the rights of a third-party when using the Service.
Ending your Relationship with Finch (and vice versa)
This Agreement will continue to apply until terminated by either you or Finch as set out below.
If you want to terminate this Agreement, uninstall the Finch Extension and stop visiting our Website and using the Service.
Finch may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if possible to do so) to the e-mail address provided by you as part of your use of the Services and use of the Extension.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 24 5th avenue, 214, New York, NY 10011.
BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND FINCH ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Forum for Disputes
This Agreement, and your relationship with Finch under this Agreement, shall be governed by the laws of the State of New York in the United States of America without regard to its conflict or choice of law provisions. Any dispute with Finch, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Finch may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Finch is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Finch, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Copyright Disputes and User Content
You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like Finch, being asked to remove user generated material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, visit here. To learn more about the DMCA, visit here.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Finch does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Finch has the benefit of under any applicable law), this will not be taken to be a formal waiver of Finch's rights and that those rights or remedies will still be available to Finch.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
The term "including" in this Agreement means "including but not limited to".
Last updated: 30 March 2021
What personal data we collect and why
In order to provide our Services, Finch collects information that you share directly with us when you use our Website or Extension. Though you don’t have to, you can choose to provide your personal information get notifications, become part of the Charm program, and download the Extension.
Finch also collects technical information about your device and use of Finch to make sure that our Services are working correctly. The information we collect is geared to providing help us develop, improve, and market our Services.
When you download the Extension and become a member of Finch, you share a limited amount of information during the registration process, including your name, email address, age, place of living, race, marital status, family status and other registration information.
As you continue to use Finch’s Services, you might also provide personal information when you:
Finch automatically collects information to ensure that our Services work correctly on different devices and browsers. This may include data like
This data allows us to make sure Finch Services are working correctly, to make your experience better, and to detect and prevent fraud. Also, to help us coordinate our communications and marketing campaigns, and to understand how our users engage with our Website and Services. We may use common digital tools that allow us to see if you opened an email we sent, visited a link in those emails, or generally interacted with Finch as a result of our marketing efforts.
Finch does not track your search engine history, emails, or your browsing on any site besides those integrated with Finch.
Aggregate and Anonymized Data
We may also use the information we collect in aggregate or otherwise anonymized form. This lets us look at interactions with our Website and Services generally and does not identify you or any specific person. We use this general data for research, development, marketing, analytics, and to enhance the experience of our Services for the Finch community.
How we share your personal data
We know how important your personal data is to you, so we will never sell it. We’ll only share it with your consent or in ways you’d expect (as we explain here). That means we will share your personal data if needed to provide our Services, with businesses who help us operate Finch, or if we are legally required to do so.
We may also share your information in the following cases:
- when we believe in good faith that it’s necessary to protect our rights, protect your safety or the safety of others, or investigate fraud; and
- with a buyer or successor of Finch is involved in a merger, acquisition, or similar corporate transaction. If that happens, you will be notified via email and/or a prominent notice on the Website of any change in ownership, as well as any choices you will have as a result.
How we protect your personal data
The security of your information is important to us. We have put in place physical, electronic, and procedural safeguards. These measures include limiting access, using encryption, testing for vulnerabilities, advanced malware detection, employing pseudonymization and anonymization techniques, and more. Though we hate to say it, despite our efforts, we can’t guarantee that user information will not be accessed, viewed, disclosed, altered, or destroyed as a result of a breach of any of our safeguards. You provide us with information at your own risk. Finch only retains your personal information as long as you keep using Finch. We’ll also keep your personal information if we need it to meet our legal obligations and to defend against legal claims.
The table below identifies the cookies we may use on this site and explains the purposes for which they are used. Please note that we may update the information contained in this table from time to time.
Purpose: Understands and tracks engagement of users. The GA cookie we use is anonymous.
Your choices for managing your personal data
We’ve made it easy to opt out of Finch’s Services at any time. If you want to stop using the Finch Extension, just uninstall the Extension. If you have any issues you can contact our support team for assistance by sending an email to email@example.com.
If you would like to delete personal information, you can always ask us by emailing firstname.lastname@example.org. We will delete any personal information we have, though we may still store some data in an aggregated and anonymized format that doesn’t identify you and can’t be attributed to you, or if we’re legally required.
Additional rights regarding your personal data
Depending on where you live, you may have additional rights as to the personal information that you share and Finch collects. Residents of California can click below to learn more.
If you live in California and use Finch, you have some additional rights when it comes to your data.
- Right to Delete: You can ask us to delete the personal information we have about you.
California law gives you the right to opt out of the sale of your personal information. But Finch does not and will not sell (or rent or disclose for value) any of your personal information in the first place. So, you’re good.
To exercise any of these rights, you (or your authorized agent) can contact us through the “Contact us” webform on our Website or by email at email@example.com. We will confirm receipt of your request within 10 days, and will provide a response to you within 45 days of your request, though in some exceptional cases it might take longer (if that happens, we’ll let you know). We will need your name and email address to verify your request, and may also ask for additional information if necessary, to verify the identity of the person making the request. We reserve the right to deny your request if we cannot verify your identity, or if an exemption applies (for example, where fulfilling your request would adversely affect other individuals, or where we have a conflicting legal obligation). That said, we will not discriminate against you for exercising any of your privacy rights.
To learn about the categories of personal information that Finch uses, please see the section of this policy called “What personal data we collect and why.” To learn about the limited ways in which we disclose data for our business purposes -- that is, to a service provider -- and the categories of those service providers, please see the section of this policy called “How we share your personal data.”
We created Finch for the exclusive use of adults (18 and older). We don’t knowingly collect or solicit personal information from children. If you are a child under 18, please do not attempt to register for Finch’s Services or send any personal information to us.
Changes to this policy
How to contact us
If you have any questions about our privacy policies and practice, please contact us at firstname.lastname@example.org.