Fluidity Privacy Policy

Effective date: August 15, 2018

Fluidity, Inc., (“us”, “we”, or “our”) operates this website, a platform, and the certain Mobile applications (the “Services”). Trust is our #1 Value. This Privacy Policy informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Services and the choices you have associated with that data.

We use your data to provide and improve the Services. By using the Services, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Definitions

Cookies

Cookies are small pieces of data stored on your device (computer or mobile device). Cookies may not contain information that personally identifies a user, but Personal Data that we store about you may be looked to the information stored in and contained from cookies.

Data Controller

Data Controller means the natural or legal person or persons who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information, including but not limited to Personal Data, are, or are to be, processed. For the purpose of this Privacy Policy, we can act as a Data Controller of your Personal Data.

Data Processors (or Services Providers)

Data Processors (or Services Providers) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the Services of various Services Providers in order to process your data more effectively.

Data Subject (or User)

Data Subject is any living individual who is using our Services and is the subject of Personal Data.

Fluidity Inc.

Any referece to “Fluidity”, “we,” “us,” “our,” or the “Company” is a reference to Fluidity, Inc.

Personal Data

Personal Data means data about a living individual who can be identified from that data (or from that and/or other information either in our possession or likely to come into our possession). It may include such things as your name, telephone number, gender, date of birth, related health information and your email address,

Services

Services means the website, the platform, and Mobile applications operated by Fluidity, Inc.

Usage Data

Usage Data is data collected automatically; either generated by the use of the Services and/or from the Services infrastructure itself . This data may include such things as your IP address, geographic location, browser type and version, operating system, referral source, length of visit, as well as such things as the frequency and pattern of your service use.

User

“User” means, in the case of an individual accepting these terms on his or her own behalf, such individual, or, in the case of an individual entering into a master license agreement on behalf of a company or other legal entity, an individual who is authorized by that individual to use this Service (or in the case of any Services provided by Us without charge, for whom a Service has been provisioned), and to whom an individual entering into a master license agreement has supplied a user identification and password (for Services utilizing authentication).

Information Collection and Use

This Privacy Statement applies to the following processing activities:

Visiting our websites and/or our apps which display or link through to this Privacy Statement;
Visiting our offices;
Receiving communications from us, including emails, texts or fax;
Registering for our events;
Participating in community and open source development.

Our websites and/or our apps may contain links to other websites, applications and services maintained by third parties. The information practices of such other services are governed by the third-party privacy statements, which we encourage you to review to better understand those third parties’ privacy practices.

Fluidity

Fluidity is the controller of your Personal Data and responsible for the collection, processing and disclosure of your Personal Data as described in this Privacy Statement, unless expressly specified otherwise.

This Privacy Statement does not apply to the extent we offer our customers various products and services through which our customers may create their own data sets running on our platforms, send electronic communications to other individuals, and collect and analyze Personal Data from individuals.

What Personal Data do we collect?

Personal Data we collect directly from you

The Personal Data that we collect directly from you may include the following:

if you express an interest in obtaining additional information about our services, request customer support, use our “Contact Us” or similar features, register to use our websites, etc., we generally request you provide us with your email address, first name and last name, phone number, address, and/or other personal data that may be requested.
sign up for an event or webinar, or download certain content, we generally require you to provide us with your contact information, such as your name, job title, company name, address, phone number, email address, or username and password;
if you makes purchases via our websites, we may also require you to provide us with financial information and billing information, such as billing name and address, credit card number, or bank account information;
if you use and interact with our website and/or applications, we automatically collect log files and other information about your device and your usage of our websites through cookies, web beacons or similar technologies, such as IP-addresses or other identifiers, which may qualify as Personal Data (view the “What device and usage data we process” section below);
If you use and interact with our application, we automatically store information provided by you.

Personal Data we collect from other sources

Personal Data we may also collect information that your browser sends whenever you visit our Services or when you access the Services by or through a mobile device including cookies and usage data (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access the Services by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

We may also collect information about you from other sources, including third parties from whom we have been supplied your Personal Data with your permission, and combine this information with Personal Data provided by you.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from us and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Services.

We use cookies and similar tracking technologies to track the activity on our Services and hold certain information. We use them for authentication, status, personalization, security, analysis, and for recording your consent to enable use of these tracking technologies by us.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. You can also instruct your browser to delete cookies. However, if you do not accept cookies, you may not be able to use some portions of our Services.

Telephony log information

If you use certain service features, we may also collect telephony log information (like phone numbers, time and date of calls, duration of calls, SMS routing information and types of calls), device event information (such as crashes, system activity, hardware settings, browser language), and location information (through IP address, GPS, and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points and cell towers).

Purposes for which we process Personal Data and the legal basis on which we rely

We collect, process your Personal Data for the purposes and on the legal bases identified in the following:

Providing and maintaining our Service our websites, services: We will process your Personal Data to the extent this is necessary for the performance of our contract with you for the use of our websites, services and applications and to fulfill our obligations under the applicable terms of use/service; where we have not entered into a contract with you, we base the processing of your Personal Data on our legitimate interest to operate and administer our websites, services and applications and to provide you with content you access and request (e.g., download of certain content from our websites and/or from the app stores);
Promoting security of our websites, services and applications: We will process your Personal Data by tracking use of our websites, services, and applications, creating aggregated, non-personal data, verifying accounts and activity, investigating suspicious activity, as well as violations of and enforcement of our terms and policies, to the extent this is necessary for the purpose of our legitimate interests in promoting the safety and security of the systems and application used for our websites, and protecting our rights and the rights of others;
Managing User registrations: We will process your Personal Data by managing your User account for the purpose of performing the contract with you according to any applicable terms of service;
Handling contact and User support requests: If you fill out a “Contact Me” web form, request User support, or if you contact us by other means, we will process your Personal Data for the performance of our contract with you and to the extent it is necessary for the purpose of our legitimate interests to fulfill your request and communicate with you;
Managing event registrations and attendance: We will process your Personal Data to plan and host the event or webinar, including related communication with you, on basis of the performance of our contract with you;
Developing and improving our websites: We will process your Personal Data to analyze trends, track your usage of our websites, prevent and address technical issues, and interactions with emails to the extent this is necessary for our legitimate interests to develop and improve our websites and to provide our users with more relevant and interesting content;

Complying with legal obligations: We will process your Personal Data when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights, and is necessary for our legitimate interests to protect against misuse or abuse of our websites, to protect personal property or safety, to pursue remedies available to us and limit our damages, to comply with a judicial proceedings, court order or legal process, and/or to respond to lawful requests.

Where we need to collect and process Personal Data by law, or under a contract we have entered into with you and you fail to provide that required Personal Data when requested, we may not be able to perform the contract.

Who do we share Personal Data with?

We may share your Personal Data with the following recipients:

Our contracted service providers which provide services such as IT and system administration and hosting, research and analytics, marketing, customer support and data enrichment; such service providers comprise companies.
In individual cases, where licenses are acquired under an enterprise license agreement, if required under the terms of enterprise license agreement, we may also share Personal Data with the contracting party.
We may disclose your Personal Data, in so far as reasonably necessary for the purposes of managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims.
We may also share your Personal Data to fulfill a request you have submitted via our websites, or for customer support, marketing, technical operations and account management purposes;
If we are involved in a merger or reorganization, sell a website or business unit, or if all or a portion of our business, assets or stock are acquired by another company, we may transfer some or all of your Personal Data to such third party. In accordance with applicable laws, we will use reasonable efforts to notify you of any such transfer of Personal Data to an unaffiliated third party as processing of your Personal Data will be required for the purposes set out in “Purposes for which we process Personal Data and on which legal bases” section above.

Any Personal Data or other information you choose to submit in communities, as part of the Care Hub, or Task Hub, forums, blogs, or chat rooms on our websites may be read, collected, and/or used by others who visit these forums, depending on your account settings.

International transfer of information collected

Your Personal Data may be collected, transferred to and stored by us in the United States.

Your Personal Data may be processed outside the European Economic Area (“EEA”), and in countries which are not subject to an adequacy decision by the European Commission and which may not provide for the same level of data protection in the EEA. In this event, we will ensure that such recipient offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or we will ask you for your prior consent to such international data transfers.

Children

Our websites are not directed at children. We do not knowingly collect Personal Data from children under the age of 16. If you are a parent or guardian and believe your child has provided us with Personal Data without your consent, please contact us as described in the “Contacting Us” section below and we will take steps to delete such Personal Data from our systems.

How long do we retain and keep your Personal Data?

We may retain your Personal Data for a period of time consistent with the original purpose of collection (see “Purposes for which we process Personal Data and on what legal basis” section above). We determine the appropriate retention period for Personal Data on the basis of the amount, nature, and sensitivity of your Personal Data, the potential risk of harm from unauthorized use or disclosure, and whether we can achieve the purposes of the processing through other means, as well as the applicable legal requirements (such as applicable statutes of limitation).

After expiry of the retention periods, your Personal Data will be deleted. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of the data.

Your rights relating to your Personal Data

You have certain rights regarding your Personal Data, subject to local data protection laws. These may include the following rights:

to access your Personal Data held by us (right to access);
to rectify inaccurate Personal Data and ensure it is complete (right to rectification);
to erase/delete your Personal Data to the extent permitted by other legal obligations (right to erasure; right to be forgotten);
to restrict our processing of your Personal Data (right to restriction of processing);
to transfer your Personal Data to another controller to the extent possible (right to data portability);
to object to any processing of your Personal Data carried out on the basis of our legitimate interests (right to object);
not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”); Automated Decision-Making currently does not take place on our websites;
to the extent we base the collection, processing and sharing of your Personal Data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.

To exercise your rights, please contact us in accordance with the “Contacting Us” section below. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you in order to honor your request. Occasionally it may take us longer than a month, taking into account the complexity and number of requests we receive. Where licenses are acquired under an enterprise license agreement, we recommend you contact your company’s system administrator for assistance in correcting or updating your information.

In addition, if you have registered for an account with us, you may generally update your User settings, profile, organization’s settings or event registration by logging into the applicable website with your username and password and editing your settings or profile. To discontinue your account, and/or request return or deletion of your Personal Data and other information associated with your account, please contact us.

As described above, we may also process Personal Data in the role of a processor. If your data has been submitted to us by a User and you wish to exercise any rights you may have under applicable data protection laws, please inquire with our User directly. Because we may only access our User’s data upon instruction from the respective User, if you wish to make your request directly to us, please provide the name of the User who submitted your data when you contact us. We will refer your request to that User, and will support them as needed in responding to your request within a reasonable timeframe.

Security

We take precautions including organizational, technical, and physical measures, to help safeguard against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the Personal Data we process or use.

While we follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of websites after your sessions. If you have any questions about the security of our websites, please contact us via the “Contacting Us” section below.

Changes to this Privacy Statement

We will update this Privacy Statement from time to time to reflect changes in our practices, technology, legal requirements and other factors. If we do, we will update the “effective date” at the top of this Privacy Statement. If we make an update, we may provide you with notice prior to the update taking effect, such as by posting a conspicuous notice on our website or by contacting you using the email address you provided.

We encourage you to periodically review this Privacy Statement to stay informed about our collection, processing and sharing of your Personal Data.

If you wish to contact us, reach out via our web site, info@fluidity-health.com. Our data protection officer’s contact details are: minda.wilson@fluidity-health.com.