This Privacy Policy (this “Policy”) describes how Flux Cap. Corporation, a Delaware corporation (“Provider,” “Flux,” “we,” “us,” or “our”), collects, uses, discloses, and otherwise processes personal data about individuals who visit our website at https://www.fluxcap.com (the “Website”) and individuals who access or use our Platform and related services (collectively, the “Services”). Please read this Policy carefully before using the Website or the Services.
1.SCOPE
1.1Personal Data. This Policy applies to personal data that Provider collects directly from or about individuals who visit the Website, use the Services, or otherwise interact with Flux (collectively, “you” or “individuals”). For purposes of this Policy, “personal data” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an identified or identifiable natural person.
1.2CUSTOMER DATA DISCLAIMER. THIS PRIVACY POLICY DOES NOT APPLY TO CUSTOMER DATA, INPUTS, OUTPUTS, WORK PRODUCT, OR OTHER CONTENT THAT CUSTOMERS OR THEIR AUTHORIZED USERS UPLOAD, SUBMIT, OR OTHERWISE PROCESS THROUGH THE PLATFORM ON BEHALF OF CUSTOMERS OR THEIR CLIENTS. THE PROCESSING OF SUCH DATA IS GOVERNED EXCLUSIVELY BY THE PLATFORM AGREEMENT BETWEEN PROVIDER AND THE APPLICABLE CUSTOMER AND THE INCORPORATED ADDENDA THERETO. FLUX DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE DATA PRACTICES OF ITS CUSTOMERS WITH RESPECT TO THEIR OWN END-USER DATA OR CLIENT DATA. INDIVIDUALS WHOSE DATA HAS BEEN SUBMITTED TO THE PLATFORM BY A CUSTOMER SHOULD DIRECT ANY PRIVACY INQUIRIES TO THAT CUSTOMER.
1.3Personnel. This Policy does not apply to personal data collected from Flux employees, contractors, or job applicants in those capacities, which is addressed in separate workforce or applicant privacy notices where required.
1.4Changes to Scope. Provider may from time to time offer new or changed products or services in ways that affect the scope of data processing described in this Policy. Any material changes to the scope of this Policy will be communicated in accordance with Section 8 below.
2.PERSONAL DATA WE COLLECT
Flux collects personal data from and about you in the following categories:
2.1Account Information. When you register for an account or otherwise engage with Provider’s sales or onboarding process, we collect information you provide directly, such as your name, email address, job title, organization, professional licensure information, and any other information you choose to include in your account settings.
2.2Usage Data. When you access or use the Website or Platform, we automatically collect certain technical and usage information, including log data (such as your IP address, browser, operating system, features accessed, timestamps, and error messages generated during your session) and device information.
2.3Sensitive Personal Data. Depending on your interaction with the Website or Services, we may collect limited sensitive personal data such as account credentials or payment information. We use such data only for the purposes disclosed in this Policy and as permitted by law.
2.4Cookies. We and our third-party service providers use cookies on the Website and Platform. More information about cookies is set forth in Section 7 of this Policy.
2.5Information from Third Parties. We may receive personal data about you from third-party sources, including SSO providers and publicly available information used for account verification, fraud prevention, or legitimate business purposes consistent with this Policy.
2.6Children’s Privacy. The Website and Platform are intended for legal and compliance professionals and are not directed to or intended for use by children under the age of 18. We do not knowingly collect, sell or share personal data from children under 18. If we become aware that we have inadvertently collected personal data from a child under 18 without verifiable consent from a parent or guardian, we will take prompt steps to delete such data from our records. If you are under the age of 18, please do not use the Website or Platform or provide any personal data to us. If you believe that a child under 18 may have provided personal data to us without appropriate consent, please contact us using the contact information in Section 9.
3.HOW WE USE YOUR DATA
Flux uses personal data collected under this Policy for the following purposes and on the following legal bases:
3.1Service and Account Management. We use account and registration information to authenticate and administer your account, provide Platform access and respond to your support requests. This processing is necessary for the performance of our contract with you or your organization.
3.2Platform Improvement. We use usage data, feedback, de-identified or aggregated data, and publicly available information to maintain, analyze, and improve the Website and Platform.
3.3Security. We use technical data and account information to monitor and enforce the security of the Website and Platform and compliance with our other terms.
3.4Communications. We use your contact information to send you service-related communications.
3.5Legal Compliance. We use personal data as necessary to comply with applicable laws and regulations, respond to valid legal process and binding government orders, enforce our contractual rights, and establish, exercise, or defend legal claims.
3.6Sharing. We do not sell your personal data to third parties for monetary consideration or permit them to use it for their own marketing or commercial purposes. We may disclose your personal data to sub-processors in accordance with the DPA, our affiliates, our vendors and service providers who process such data solely on our behalf and are bound by confidentiality obligations no less restrictive than those set forth in the Platform Agreement, our professional advisors, Customers with which your account is associated, third-party integrations authorized by such Customers, counterparties in a business reorganization, government authorities or litigants where legally required or necessary to protect rights or safety, or other parties with your consent. We do not share your personal data with advertising and marketing vendors who assist us in advertising our Services. If our use of advertising, analytics, or similar technologies constitutes a “sale” or “sharing” under applicable U.S. state privacy laws, we will disclose that practice and provide legally required opt-out controls.
3.7Sensitive Personal Information. We do not use or disclose Sensitive Personal Information (as defined under the CCPA) for purposes other than those specified in 11 CCR § 7027(m).
4.ACTIVE ACCOUNT PERIOD
We retain personal data associated with your account for as long as your account remains active. Following account termination or deactivation, we will delete or return your personal data within thirty (30) days, except to the extent retention is required to resolve disputes, enforce our agreements, or comply with applicable legal obligations, and in any event no longer than the minimum period required by applicable law.
5.UNITED STATES TRANSFERS
Provider is based in the United States, and your personal data will be transferred to and processed in the United States, where data protection laws may differ from those in your country of residence. By using the Website or Services, you acknowledge that your personal data may be transferred to the United States in accordance with this Policy.
6.YOUR RIGHTS
Rights described in this Policy apply only to the extent provided by applicable law based on your residency, the nature of our relationship with you, and the personal data at issue. This Policy does not extend statutory rights beyond their legal scope. Depending on your state of residence, you may have additional rights or limitations relating to data privacy. If you are located in the European Economic Area, the United Kingdom, Switzerland, or any other jurisdiction outside the United States, you may have additional rights with respect to your personal data.
If you are a California resident or a resident of another U.S. state with applicable privacy rights, you may have the following rights under the CCPA (as amended by the CPRA) or comparable state law:
6.1Right to Know. You have the right to request the categories and specific pieces of personal information we have collected about you, the categories of sources from which personal information was collected, the business or commercial purposes for which personal information was collected or disclosed, and the categories of third parties with whom personal information was shared.
6.2Right to Delete and Correct. You have the right to request deletion of personal information we have collected about you, subject to certain exceptions permitted under the CCPA, including our need to retain data to comply with legal obligations, complete transactions, or detect and prevent fraudulent or illegal activity. You also have the right to correct inaccurate personal information we maintain about you.
6.3Right to Opt Out of Sale. Provider does not sell personal information as that term is defined under the CCPA, and has not done so in the preceding twelve (12) months. If Provider’s practices change in this regard, we will update this Policy and provide you with the required opt-out mechanism.
6.4Right to Non-Retaliation. You have the right not to be retaliated against for exercising your privacy rights under the CCPA. Provider will not deny you services, charge you a different price, or provide a lower quality of service because you exercised any right under the CCPA.
6.5Exercise. You may exercise your rights set forth herein by contacting us directly at the address set forth on your Order Form or through an authorized agent. We may verify rights requests by requesting information reasonably necessary to confirm your identity or authority. We will respond to verifiable CCPA requests within forty-five (45) days or such other period as required by applicable law. We will notify you if we require additional time to process your request.
7.COOKIES
7.1Types. Provider uses the following categories of cookies and similar tracking technologies on the Website and Platform:
7.2Strictly Necessary. These cookies are essential to the operation of the Website and Platform and cannot be disabled. They are typically set only in response to actions you take, such as logging in, setting your privacy preferences, or completing forms.
7.3Analytics. These cookies allow us and third-party analytics providers to count visits and traffic sources so we can understand usage of, and measure and improve performance of, the Website and Platform. Information collected by analytics cookies is aggregated and therefore anonymous unless linked to your account.
7.4Functional. These cookies enable enhanced functionality and personalization, such as remembering your preferences and previously entered information so that you do not need to re-enter it on subsequent visits.
7.5Managing Preferences. You can control and manage cookies by using the Website’s cookie consent banner or your browser settings.
7.6Review. We periodically review our Website and Platform tracking technologies and privacy disclosures to maintain an accurate inventory of cookies, analytics tools, advertising technologies, and related opt-out mechanisms.
8.CHANGES TO THIS POLICY
8.1Updates. Provider may update this Policy from time to time to reflect changes in our data collection and processing practices, changes in applicable law, and operational developments. Updates to this Policy will be posted on the Website. We will notify you at least thirty (30) days before implementing updates to this Policy that materially affect your rights or the way we process your personal data.
8.2Continued Use. Your continued use of the Website or Services after a revised Policy takes effect constitutes your acceptance of the changes to the extent permitted by applicable law. If you do not agree to the revised Policy, please discontinue use of the Website and Services and contact us to close your account. Material changes to our processing of personal data previously collected will apply only where permitted by law or after appropriate notice. The revised Policy applies only to data collected after its effective date, unless applicable law permits otherwise.
9.CONTACT
If you have questions related to this Policy or Provider’s privacy practices, please contact us at the email address set forth on your Order Form.