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Last updated on November 5, 2020

Introduction This privacy policy ("Policy") describes how Flexpower Health, Inc. ("Flexpower", "we", and "our") collects, uses and shares personal data when using this website www.flexpower.com ("Site"). Please read the following information carefully to understand our views and practices regarding your personal data and how we will treat it.

Particularly Important Information By using our Site, you consent to such use of your information and personal data and agree to the terms of this Privacy Policy.

Who we are For the purpose of applicable data protection legislation, the data controller of your personal data is Flexpower Health, Inc. of Santa Monica, California.

Must read sections: We draw your attention in particular to the sections entitled "International Data Transfer" and "Your Rights" and, if you are a California resident, to the section entitled “Information for California Residents”.

Changes to this policy We will post any modifications or changes to the Policy on our Site. We reserve the right to modify the Policy at any time, so we encourage you to review it frequently. The "Last Updated" legend above indicates when this Policy was last changed. If we make any material change(s) to the Policy, we will notify you via email or post a notice on our Site prior to such changes(s) taking effect.

 

PURPOSES OF PROCESSING

What is personal data? We collect information about you in a range of forms, including your personal data.  This includes any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number.

Why do we need your personal data? We will only process your personal data in accordance with applicable data protection and privacy laws. We need certain personal data in order to provide you with access to our Site and to allow you to order and purchase our products via our Site. If you create a profile/register with us, you will be asked to agree to provide this information in order to access our services, purchase our products, view our content. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your personal data in line with this Policy, please do not use our Site.

Collecting your personal data We collect information about you in the following ways:

Information you give us This includes:

  • the personal data you provide when you register to use our Site, including your‎ name, postal address, email address, telephone number, birthday, username, password and demographic information (such as your age or gender);

  • the personal data that may be contained in any comment or review you post to our Site;

  • the personal data you provide in connection with our referral program, customer surveys and other promotions we run on our Site;

  • the personal data you provide when you report a problem with our Site or when we provide you with customer support;

  • the personal data you provide when you make a purchase through our Site; and

  • the personal data you provide when you correspond with us by phone, email or otherwise.

Information from social networking sites Our Site includes interfaces that allow you to connect with social networking sites (each a "SNS"). If you connect to a SNS through our Site, you authorize us to access, use and store the information that you agreed the SNS could provide to us based on your settings on that SNS. We will access, use and store that information in accordance with this Policy. You can revoke our access to the information you provide in this way at any time by amending the appropriate settings from within your account settings on the applicable SNS.

Information we get from others We may also get information about you from other sources, for example, if you have agreed to share information with one of our partners we may add this to information we get from our Site.

Information automatically collected We automatically log information about you and your computer or mobile device when you access our Site. For example, when visiting our Site, we log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site. We collect this information about you using cookies. Please refer to the sections on cookies and Pixel Tags below.

Automated decision making and profiling We may use automated decision making and/or profiling in regard to your personal data for some services and products, for example we input your quiz responses into an algorithm that determines which ingredients and in what amounts should go into your product formulations. We may also use special categories of data, such as the water hardness and humidity in your shipping address area. You can request a manual review of the accuracy of an automated decision that you are unhappy with or limit or object to such automated decision making and/or profiling by contacting us at info@flexpower.com.

COOKIES

What are cookies? We may collect information using "cookies." Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Site.

We use two broad categories of cookies: (1) first-party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our Site; and (2) third-party cookies, which are served by service providers on our Site, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.

Cookies we use Our Site uses the following types of cookies for the purposes set out below:

Essential cookies These cookies are essential to provide you with services available through our Site and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Site and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

Functionality cookies These cookies allow our Site to remember choices you make when you use our Site, such as remembering your language preferences, remembering your login details and remembering the changes you make to other parts of our Site which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Site.

Analytics and performance cookies These cookies are used to collect information about traffic to our Site and how users use our Site. The information gathered does not identify any individual visitor. The information is aggregated and anonymous. It includes the number of visitors to our Site, the websites that referred them to our Site, the pages they visited on our Site, what time of day they visited our Site, whether they have visited our Site before, and other similar information. We use this information to help operate our Site more efficiently, to gather broad demographic information and to monitor the level of activity on our Site.

We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Site works. You can find out more information about Google Analytics cookies here.

You can find out more about how Google protects your data here. You can prevent the use of Google Analytics relating to your use of our Site by downloading and installing the browser plugin available via this link.

Targeted and advertising cookies

These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third-party advertisers can place cookies to enable them to show adverts which we think will be relevant to your interests while you are on third-party websites. You can disable cookies that remember your browsing habits and target advertising at you by visiting www.allaboutcookies.org. If you choose to remove targeted or advertising cookies, you will still see advertisements, but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored advertising from companies that are not listed.

Social media cookies These cookies are used when you share information using a social media sharing button or "like" button on our Site or you link your account or engage with our content on or through a social networking website such as Facebook, Instagram, Snapchat or Twitter. The social network will record that you have done this.

Disabling cookies You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the "settings", "help" "tools" or "edit" facility). Many browsers are set to accept cookies until you change your settings. Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org .

If you do not accept our cookies, you may experience some inconvenience in your use of our Site. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Site.

Pixel tags We may also use pixel tags (which are also known as web beacons and clear GIFs) on our Site to track the actions of users on our Site. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of our Site, so that we can manage our content more effectively. The information we collect using pixel tags is not linked to our users’ personal data.

Behavioral advertising As noted above, we may use your personal data to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of certain targeted advertising by using the links below:

  • Facebook: 

     

  • Google: 

     

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Do not track signals Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to do not track signals. To find out more about "Do Not Track", please visit www.allaboutdnt.com

Using your personal data We may use your personal data as follows:

  • to operate, maintain, and improve our Site, products, and services;

  • to manage your account, including to communicate with you regarding your account, if you have an account on our Site;

  • to operate and administer any promotions you participate in on our Site;

  • to respond to your comments and questions and to provide customer service;

  • to send information including technical notices, updates, security alerts, and support and administrative messages;

  • with your consent, to send you marketing e-mails about upcoming promotions, and other news, including information about products and services offered by us and our affiliates. You may opt-out of receiving such information at any time: such marketing emails tell you how to "opt-out". Please note, even if you opt-out of receiving marketing emails, we may still send you non-marketing emails. Non-marketing emails include emails about your account with us (if you have one) and our business dealings with you;

  • to process payments you make via our Site;

  • to link or combine user information with other personal data;

  • as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others; and

  • as described in the "Sharing Your Personal Data" section below.

Sharing your personal data We may share your personal data as follows:

THIRD PARTIES DESIGNATED BY YOU We may share your personal data with third parties where you have provided your consent to do so.

OUR THIRD-PARTY SERVICE PROVIDERS We may share your personal data with our third-party service providers who provide services such as data analysis, payment processing, information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services. These third parties are only permitted to use your personal data to the extent necessary to enable them to provide their services to us. They are required to follow our express instructions and to comply with appropriate security measures to protect your personal data. We may share personal information with our service providers, including those who assist us with marketing, and with other trusted parties whom we believe offer products or services that may be of interest to you.

JOINT PROMOTIONS We may conduct joint promotions with other companies. We may share certain personal information with our promotional partners (and their service providers) to conduct such promotions.

THIRD-PARTY ADVERTISERS We may share personal data with advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.

CORPORATE RESTRUCTURING We may share personal data when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.

OTHER DISCLOSURES We may share personal data as we believe necessary or appropriate: (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others.

Anonymous data When we use the term "anonymous data", we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party.

We may create anonymous data from the personal data we receive about you and other individuals whose personal data we collect. Anonymous data might include analytics information and information collected by us using cookies. We make personal data into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyses usage patterns in order to make improvements to our Site.

Third-party sites

User-generated content

You may share personal data with us when you submit user-generated content to our Site, including via our referral program, forums, message boards and blogs on our Site. Please note that any information you post or disclose on our Site will become public information and will be available to other users of our Site and to the general public. We urge you to be very careful when deciding to disclose your personal data, or any other information, on our Site. Such personal data and other information will not be private or confidential once it is published on our Site. If you provide feedback to us, we may use and disclose such feedback on our Site, provided we do not associate such feedback with your personal data. If you have provided your consent to do so, we may post your first and last name along with your feedback on our Site. We will collect any information contained in such feedback and will treat the personal data in it in accordance with this Policy.

International data transfer Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using our Site, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.

Security We seek to use reasonable organizational, technical and administrative measures to protect personal data within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us using the details in Section 19 below.

Retention We will only retain your personal data as long reasonably required for you to use our Site unless a longer retention period is required or permitted by law (for example for regulatory purposes).

Our policy on children Our Site is not directed to children under 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details in Section 19 below. We will delete such information from our files as soon as reasonably practicable.

Sensitive personal data We ask that you not send us, and you not disclose, any sensitive personal data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through our Site or otherwise to us. If you send or disclose any sensitive personal data to us when you submit user-generated content to our Site, you consent to our processing and use of such sensitive personal data in accordance with this Policy. If you do not consent to our processing and use of such sensitive personal data, you must not submit such user-generated content to our Site.

Your rights

OPT-OUT You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive personal data; or (iv) any new processing of your personal data that we may carry out beyond the original purpose. Please note that your use of some of our Site may be ineffective upon opt-out.

ACCESS You may access the information we hold about you at any time via your profile/account or by contacting us directly.

AMEND You can also contact us to update or correct any inaccuracies in your personal data.

MOVE Your personal data is portable – i.e. you to have the flexibility to move your data to other service providers as you wish.

ERASE AND FORGET In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data.

If you wish to exercise any of these rights, please contact us using the details in Section 19 below. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.

Complaints We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Policy or our practices in relation to your personal data, please contact us at: info@flexpower.com. We will reply to your complaint as soon as we can and in any event, within 45 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

Contact information We welcome your comments or questions about this Policy. You may contact us in writing at info@flexpower.com or Flexpower Health, Inc., 2110 Main Street, Suite 202, Santa Monica, CA 90405, Attn: Privacy Policy.

Consent to processing of personal data in United States Our Site and the products we offer for sale via our Site are intended for residents of the United States and Canada and are not intended for and are not directed to residents located outside of the United States or Canada. By using and accessing our Site, users who reside or are located in countries outside of the United States or Canada agree and consent to the transfer to and processing of personal data on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location. The data protection and other laws of the United States and Canada might not be as comprehensive as those in your country, but please be assured that we take steps to protect your privacy.  By using our Site, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy.

INFORMATION FOR CALIFORNIA RESIDENTS 

Below are additional disclosures required for California residents under the California Consumer Privacy Act.  If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing please submit a written request to us using the contact information set forth under the heading “Contact information” above. We do not discriminate against California residents who exercise any of their rights described in this Policy.

California Consumer Privacy Act Disclosures

Last updated on November 5, 2020

These California Consumer Privacy Act disclosures (collectively, this "Disclosure") supplements the Policy.  The Policy describes the personal information that we collect, the sources from which we collect it, the purposes for which we use it, the limited circumstances under which we share personal information, and with whom we share it. These additional disclosures are required by the California Consumer Privacy Act:

Categories of personal information collected The personal information that we collect, or have collected from consumers in the twelve months prior to the effective date of this Disclosure, fall into the following categories established by the California Consumer Privacy Act:

  • identifiers such as your name, alias, address, phone numbers, or IP address;

  • personal information, such as a credit card number;

  • age, gender, or other protected classifications;

  • commercial information, such as purchase activity;

  • Internet or other electronic network activity information;

  • geolocation data, such as the location of your device or computer;

  • professional information; and

  • inference data, such as information about your purchase preferences.

Categories of personal information disclosed for a business purpose The personal information that Amazon disclosed about consumers for a business purpose in the twelve months prior to the effective date of this Disclosure fall into the following categories established by the California Consumer Privacy Act

  • identifiers such as your name, address, phone numbers, or IP address, for example if we use a third-party carrier to deliver your order;

  • personal information, such as a credit card number, for example if we use a third-party payment processor;

  • your age, gender, or other protected classifications, for example if you choose to participate in a survey distributed by a survey provider;

  • commercial information, such as the details of a product or service you purchased if a third-party service provider is assisting to provide that product or service to you;

  • internet or other electronic network activity information;

  • geolocation data; and

  • professional information.

Right to request access to or deletion of personal information You may have the right under the California Consumer Privacy Act to request information about the collection of your personal information by us, or access to or deletion of your personal information. If you wish to do any of these things, please use the contact information set forth under the heading “Contact information” in the Policy.

No sale of personal information In the twelve months prior to the effective date of this Disclosure, we have not sold any personal information of consumers, as those terms are defined under the California Consumer Privacy Act.

No discrimination We will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act.