1. THE INFORMATION WE COLLECT
In order to best provide you with our numerous services, we may collect two types of information about our users: personally identifiable information and non-personally identifiable information. Our goal when collecting this information from you is to provide you with the most efficient and customized experience while using our site.
Personally identifiable information refers to information that lets us know the specifics of who you are. When you engage in the numerous activities on this site, we may ask you to provide certain information about yourself. A list of the types of personally identifiable information that may be collected are your name, mailing address, email address, employer, job title and department, telephone and facsimile numbers, and other personal identifiable information, which may include information obtained your answers to questions that you may answer concerning services you may be interested in or content that you may submit via the site or for site promotions.
Non-personally identifiable information refers to information that does not by itself identify a specific individual. We gather information about you based upon where you visit on our site in several ways. This information is compiled and analyzed on both a personal and aggregated basis. A list of the types of non-personally identifiable information that we may collect include: current internet protocol address and type of browser you are using (e.g. Firefox, Google Chrome), the type of operating system you are using (e.g. Windows or Mac OS), sites visited before and after you visit our site, the type of handheld or mobile device used to view the site (e.g., iPhone, Blackberry), location information, and the content and the advertisements you have accessed, seen, forwarded and/or clicked on.
We also work with third parties, such as Facebook, AdWords or Twitter, to collect user data for purposes of conversion tracking and serving ads targeted to users’ interests.
2. HOW WE USE INFORMATION
3. INFORMATION SHARING AND DISCLOSURE TO OTHERS
We may transfer personally identifiable information about you if we, or one of our business units, are acquired by, sold to, merged with or otherwise transferred to another entity. We do not sell, trade, or rent your personally identifiable information to others.
Your information may be shared through our business arrangements with third parties, such as Facebook, through services, such as conversion tracking and serving ads targeted to users’ interests. Please refer to the section below on “Cookies” for more information on how you can opt-out of internet based advertising through the “Do Not Track” functionality in your web browser or through such other methods that Facebook may specify from time to time.
If you are under the jurisdiction of Canada’s Anti-Spam Legislation (“CASL”), FlowState Marketing, Inc. will ensure to act in compliance with CASL by providing all email marketing through an “opt-in” approach. FlowState Marketing, Inc. will gain consent for commercial electronic messages prior to sending commercial electronic messages, unless we have implied consent, as defined under CASL. You may “opt-out” from receiving emails from our company, and/or are partners and associates upon your unsubscribe request. These procedures are in compliance with CASL, which is effective July 1, 2014.
5. EU DATA SUBJECT RIGHTS
In certain circumstances, you have the following rights under data protection laws in relation to your Personal Information:
- Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information FlowState Marketing, Inc. holds about you and to check that FlowState Marketing, Inc. is lawfully processing it.
- Request correction of the Personal Information. This enables FlowState Marketing, Inc. to have any incomplete or inaccurate data held about you corrected, though FlowState Marketing, Inc. may need to verify the accuracy of the new data provided.
- Request erasure of Personal Information. This enables you to ask FlowState Marketing, Inc. to delete or remove Personal Information where there is no good reason for FlowState Marketing, Inc. continuing to process it. You also have the right to ask FlowState Marketing, Inc. to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where FlowState Marketing, Inc. may have processed your information unlawfully or where FlowState Marketing, Inc. is required to erase your personal data to comply with local law. Note, however, that FlowState Marketing, Inc. may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to gathering of your Personal Information where FlowState Marketing, Inc. is relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to gathering on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where FlowState Marketing, Inc. is gathering your Personal Information for direct marketing purposes. In some cases, FlowState Marketing, Inc. may demonstrate that it has compelling legitimate grounds to gather your information which override your rights and freedoms.
- Request restriction of gathering of your Personal Information. This enables you to ask FlowState Marketing, Inc. to suspend the gathering of your personal data in the following scenarios: (a) if you want FlowState Marketing, Inc. to establish the data’s accuracy; (b) where FlowState Marketing, Inc. use of the data is unlawful but you do not want FlowState Marketing, Inc. to erase it; (c) where you need FlowState Marketing, Inc. to hold the data even if FlowState Marketing, Inc. no longer requires it as you need it to establish, exercise or defend legal claims; or (d) you have objected to FlowState Marketing, Inc.’s use of your data but FlowState Marketing, Inc. needs to verify whether it has overriding legitimate grounds to use it.
- Request the transfer of your Personal Information to you or to a third party. FlowState Marketing, Inc. will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for FlowState Marketing, Inc. to use or where FlowState Marketing, Inc. used the information to perform a contract with you.
- Withdraw consent at any time where FlowState Marketing, Inc. is relying on consent to gather your Personal Information. However, this will not affect the lawfulness of any gathering carried out before you withdraw your consent. If you withdraw your consent, FlowState Marketing, Inc. may not be able to provide certain products or services to you. FlowState Marketing, Inc. will advise you if this is the case at the time you withdraw your consent.
7. SECURITY OF YOUR INFORMATION
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, to maintain data security, and to use correctly the information we collect online, such as dedicated virtual private servers, a web application firewall, an encrypted database, and no third party access to the server.
Unfortunately, we cannot guarantee that a 100% of the data transmissions are secure. Therefore, while we strive to protect your personally identifiable information, you acknowledge that: (a) there are limitations to security and privacy of the Internet that are beyond our control; (b) the security, integrity and privacy of your personally identifiable information exchanged between you and us cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
8. PRIVACY OF MINORS
We will not knowingly collect, use or disclose personally identifiable information about visitors that are under 18 years of age.
9. PRIVACY POLICIES OF THIRD PARTY SITES
10. MISCELLANEOUS PRIVACY ISSUES
You should be aware that any information that you publicly disclose on any public areas of this site can be collected and used by third parties and this may result in unsolicited messages from those parties. This is beyond our control. Please be careful and responsible whenever you are online.
11. COMMUNITY GUIDELINES & USER CONTENT
(A) INTERACTIVE AREAS.
The Site may contain Interactive Areas in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older.
(B) COMMUNITY GUIDELINES
If you submit any User Content or participate in an Interactive Area within or in connection with the Site, you agree to abide by the following rules of conduct:
- You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
- You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
- You agree not to upload, post or otherwise transmit any obscene material.
- You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
- You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
- You agree not to upload, post or otherwise transmit, without FlowState Marketing Inc.’s express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
- You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
- You agree not to impersonate any person or entity, including, but not limited to, any FlowState Marketing, Inc. employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party;
- You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
- You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- You agree not to upload, post, e-mail or otherwise transmit any unsolicited, unlawful or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site;
- You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by FlowState Marketing, Inc. in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site;
- You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site;
- You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by FlowState Marketing, Inc.;
- Any conduct that in FlowState Marketing, Inc.’s sole discretion restricts or inhibits anyone else from using or enjoying the Site will not be permitted. FlowState Marketing, Inc. reserves the right in its sole discretion to remove or edit User Content by you for any reason. FlowState Marketing, Inc. is not responsible for User Content submitted to the Site or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of the Site.
(D) LICENSE TO USER CONTENT
(E) MORAL RIGHTS
If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by FlowState Marketing, Inc. or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release FlowState Marketing, Inc. and its licensees, successors and assigns, from any claims that you could otherwise assert against FlowState Marketing, Inc. by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.
(F) PROPRIETARY INFORMATION
11. COPYRIGHT OWNERSHIP
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. FlowState Marketing, Inc. licenses or owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, unless it is expressly permitted by this Site. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law or by this Site, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of FlowState Marketing, Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
12. THIRD PARTY CONTENT
To the extent that FlowState Marketing, Inc. is a distributor (and not a publisher) of content supplied by third parties and users, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributor(s) and not of FlowState Marketing, Inc.. Neither FlowState Marketing, Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In these instances, the content available through the Site represents the opinions and judgments of the respective user or information provider not under contract with FlowState Marketing, Inc. FlowState Marketing, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will FlowState Marketing, Inc. be liable for any loss or damage caused by your use or reliance on information obtained through the Site. FlowState Marketing, Inc. is not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
13. ADVERTISEMENTS AND PROMOTIONS
FlowState Marketing, Inc. may run advertisements and promotions of its own or from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than FlowState Marketing, Inc., and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. FlowState Marketing, Inc. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
14. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
(a) You expressly agree that use of the site is at your sole risk. Neither FlowState Marketing, Inc., its affiliates nor any of their respective officers, employees, agents, third-party content providers or licensors warrant that the site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of the site, or as to the accuracy, reliability or content of any information or service provided through the site.
(c) The site may offer legal, strategic, and other such information, but such information is designed for educational and informational purposes only. The information contained on the site does not and is not intended to convey professional legal advice and does not constitute the practice of that profession. You should not rely on this information as a substitute for, nor does it replace legal advice. FlowState Marketing, Inc. is not responsible for any actions or inaction on a user’s part based on the information that is presented in the site.
(d) Neither FlowState Marketing, Inc., its affiliates nor any of their respective employees, agents, third-party content providers or licensors are liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
(e) In no event will FlowState Marketing, Inc., its affiliates nor any of their respective employees, agents, third-party content providers or licensors or any person or entity involved in creating, producing or distributing the site be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the site.
(f) In addition to the terms set forth above neither, FlowState Marketing, Inc., its affiliates, nor any of their respective officers, employees, agents,third-party content providers, licensors, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the site, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither FlowState Marketing, Inc., its affiliates nor any of their respective officers, employees, agents, third party content providers, licensors, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
(G) FlowState Marketing, Inc.disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to FlowState Marketing, Inc. disclaimer of any such liability. If you do not agree, you should not access or use the Site.
You agree to defend, indemnify and hold harmless FlowState Marketing, Inc., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site by you.
FlowState Marketing, Inc. and its affiliates own all rights to FlowState Marketing, Inc. trademarks and trade dress used in connection with the Site. Company’s trademarks and trade dress may not be used in connection with any product or service that is not FlowState Marketing, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FlowState Marketing, Inc. All other trademarks and trade dress appearing on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FlowState Marketing, Inc.
19. COPYRIGHTS AND COPYRIGHT AGENT
FlowState Marketing, Inc. respects the rights of all copyright holders and in this regard, FlowState Marketing, Inc. has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FlowState Marketing, Inc. Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
FlowState Marketing, Inc.
3358 Larimer Street
Denver, CO 80205
Email: [email protected]
If FlowState Marketing, Inc. receives such a notification, FlowState Marketing, Inc. reserves the right to remove or delete the allegedly infringing material.
After receiving a notice of infringement that complies or substantially complies with the Digital Millennium Copyright Act (“DMCA”), FlowState Marketing, Inc. will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity.
FlowState Marketing, Inc. will take reasonable steps to expeditiously notify the user that created or posted the relevant material that it has removed or disabled access thereto. Any user whose material has been removed or disabled in accordance with this policy may provide FlowState Marketing, Inc. with a counter notification under the DMCA. Such counter notification must be provided in writing to our Copyright Agent at the address listed above and must contain:
- The user’s electronic or physical signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or disabled, including the complete URL;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and;
- The user’s name, address and telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for any judicial district in which FlowState Marketing, Inc. may be found and that you will accept service of process from the person who provided the initial notification of infringement.
Upon receipt of a proper counter-notification under the DMCA, Company will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material, or cease disabling access to it, in ten (10) to fourteen (14) business days. Additionally, FlowState Marketing, Inc. will replace the removed material, and cease disabling access to it, ten (10) to fourteen (14) business days following receipt of the counter notice, unless the designated Copyright Agent for FlowState Marketing, Inc. first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site or FlowState Marketing, Inc. server.
20. HOW YOU CAN CORRECT OR ACCESS INFORMATION
From time to time you may want to access or correct your personally identifiable information that you provide to us, and we believe that you should have that ability.
You may write or e-mail us at the e-mail or street address that is listed below. Please include your first name, last name, and e-mail address.
FlowState Marketing, Inc.
3358 Larimer Street
Denver, CO 80205
21. COMMENTS AND QUESTIONS
If you have a comment or question about this Agreement please contact [email protected]
Notice to California Residents: If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes. To make such a request please send an e-mail to the e-mail listed above or write us at the below address:
FlowState Marketing, Inc.
3358 Larimer Street
Denver, CO 80205