Fluency, Inc.
Privacy Policy

Fluency, Inc. (“Fluency”) takes your privacy seriously and is committed to safeguarding your privacy online. Because we do gather certain types of information from visitors to our sites, we have developed a privacy statement to help you understand the terms and conditions surrounding the collection and use of that information. This statement discloses the types of information we gather, how it is used, and how you can gain access to and edit any data that we’ve collected about you at any time.

Guiding Principles

This Privacy Policy (“Privacy Policy”) explains how Fluency, Inc. (“Fluency” or “we”, “us”, “our”) collect, use and store personal information when an individual (“you” or “your”) interacts with our website https://www.fluency.inc (the “Website”) and/or Fluency’s software-as-a-service (the “Services”). We may link to third parties via our Services. Fluency’s Privacy Policy does not apply to how third parties define personal data or how they use it. We encourage you to read their privacy policies and know your privacy rights before interacting with those third parties.

Any data that relates to an identified or identifiable individual or that is linked or linkable to an individual is “personal data,” such as data that directly identifies you (like your name or email address) and data that can reasonably be used to identify you (like your IP address). If you are located in the European Economic Area (“EEA”) or the United Kingdom (“UK”), “information” means any information relating to an identified or identifiable individual. “Personal data” and “information” are collectively referred to in this Privacy Policy as “Personal Information” or “PI.” Aggregated data is considered nonpersonal data for the purposes of this Privacy Policy.

By using the Website or the Services, you consent to our use of your PI as described in this Privacy Policy. As we implement new technology and introduce new services, we will update our Privacy Policy, so we encourage you to review it often. We reserve the right to change our Privacy Policy at any time without advance notice. Should any new privacy policy go into effect, we will post it on the Website, and the policy will apply to all PI collected. You can withdraw your consent at any time by stopping your use of the Website and/or the Services or as specified in the “Your Privacy Rights” section below.

‍

Updates to Our Privacy Policy:

This Privacy Policy may be updated periodically to reflect changes in our online information practices. If we make any material changes, we will notify you by a prominent notice on our site. Please check back from time to time to be aware of any changes to the Privacy Policy.

‍

Personal Information Fluency Collects from You

When you use the Website or the Services, we allow you to provide PI. We collect data from you directly through your use of the Website and Services. 

Personal Information is data that can be used to identify or contact an individual person.  Fluency has collected the following categories of personal information from its users in the last twelve (12) months:

Identifiers e.g. Name, username, email address, phone number, IP address, or other similar identifiers

Commercial information e.g. Records of products purchased or considered; other information regarding an individual’s business shared by the individual

Internet or other electronic network activity information e.g. Browsing history, search history, and information regarding a user’s interaction with the Website

Sensitive Information e.g. Geolocation

‍

How and for What Purposes Fluency Uses Personal Information

Personal Information you provide to us is used to help us communicate with you and to provide you with the Services. For example, we use PI to: (i) register and service your Fluency account; (ii) solicit feedback and respond to your questions; (iii) provide technical support; and (iv) inform you about product or services. 

We also use the data to operate our business, which includes analyzing our performance, meeting our legal obligations, and doing research. When we ask you to provide PI, you can decline, but if you do, you may not be able to access the Services.  Below are examples of how we use PI:

Business Partners:

Fluency may partner with select retailers and other companies at various times to provide expanded services to our Website visitors. As part of such a relationship, we may share with these companies the use of certain interactive website functions (e.g., when registering for events). Information provided by Website visitors through the use of such interactive functions may be available to both Fluency and our partners.  In addition, note that such third parties may provide access to additional privacy policies related to the Services, which should be reviewed by you.

Service Providers:

We may provide your PI to companies that provide services to help us with our business activities such as submitting email communications to you on our behalf or for marketing purposes. These companies are authorized to use your PI only as necessary to provide these services to us.  Over the last twelve (12) months, we have sold or shared personal information to the following service providers:

Google Analytics

‍Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of the Website. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Website available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

GetEmails, LLC dba Retention.com

‍Retention.com provides data marketing services and tracks and uses the data collected to track and monitor the use of the Website.  You may opt out of receiving this advertising by visiting https://app.retention.com/optout

G2‍

G2 provides widgets and reviews that we use on our website.

To exercise your privacy rights with G2, please visit https://legal.g2.com/privacy-request

Hubspot‍

Hubspot provides Fluency with general CRM, sales and website functions including  functions related to data collected to track and monitor the use of the Website.  

To opt out, visit https://fluency.inc/hubspot-opt-out

Business Transfers:

In the event that Fluency sells or transfers a particular portion of its business assets, user information may be one of the business assets transferred as part of the transaction. If substantially all of the assets of Fluency are acquired, user information may be transferred as part of the acquisition.

Compliance with Law/Safety:

Fluency may disclose specific PI based on a good faith belief that such disclosure is necessary to comply with or conform to the law or that such disclosure is necessary to protect the users of our Website, the Website itself, or the public.

With Consent:

Other than as set forth in this Privacy Policy, you will be notified when any personally-identifiable information about you may be shared with third parties, and you will be given the prior opportunity to decline to share that information.

Unaffiliated Third Parties

We may also disclose your information to unaffiliated third parties for marketing purposes. Over the last twelve (12) months, Fluency has not sold or shared personal information to any unaffiliate third parties. 

Under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. Please be aware that we do not disclose personal information to any third parties for their direct marketing purposes as defined by this law. Please send an email to info@fluency.inc to request a copy of our disclosure pursuant to California law. While we will require third parties to follow applicable laws and will not authorize them to use this information except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of third parties.

‍

Non-Personally Identifiable Data:

Anytime you visit our website, we may gather certain non-personally identifiable information regarding the means you use to access our Website. This information may include the type and version of your browser, your service provider, your IP address, any search engine you may have used to locate the Website, and navigational information about where you go on our Website. We use this information to better serve you, help diagnose problems with our server, administer the Website, and compile broad statistical data. We do not use or respond to “do not track” signals that may be sent from your web browser. This Privacy Policy does not limit our use or disclosure of non-personal information and we reserve the right to use and disclose non-personal information to our partners and other third parties at our discretion (including aggregated and/or anonymized information about our customers and their use of the Services). If we associate non-personally identifiable information with personally identifiable information, we will consider that combination of data as personally identifiable for as long as it remains combined and treat it in the ways described within this Privacy Policy.

‍

Use of Cookies and Other Technologies

Fluency, and its third party analytics partners, may use a browser feature known as a “cookie.” Cookies are small files placed on your hard drive that assist us in providing you with a customized browsing experience. Fluency uses cookies to provide you with the convenience of not having to reenter information, such as your contact details, multiple times during your visits to our websites. Cookies can also be utilized to help us provide you with information targeted to your interests, based upon your prior browsing on our Website. The “help” section of the toolbar on most browsers will inform you on how to prevent your browser from accepting new cookies, how to have the browser notify you upon the receipt of a new cookie, or how to disable the use of cookies completely. Fluency may (1) place cookies on third-party websites and/or (2) use third parties’ analytic and tracking tools to better understand who and how people are using the Services and how to improve the effectiveness of the Services. Fluency, and/or third party companies, such as analytics and advertising partners, may use cookies, pixel tags or other technologies to collect and store anonymous information, such as time of visit, pages visited, time spent using the Services, device identifiers, type of operating system used and other website(s) you may have visited. They might combine information they collect from your interaction with the Services or on third-party websites with personal information they collect from other sources. We do not have access to, nor control over, third parties’ use of cookies or other tracking technologies. You can block cookies by setting your internet browser to block some or all cookies. However, if you use your browser settings to block all cookies (including strictly necessary cookies) you may not be able to access all or parts of the Services. By using the Services, you consent to our use of cookies and our processing of information collected through such cookies, in accordance with this Privacy Policy.

You may opt-out of such targeting advertising by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of the Services. 

If you click on a link to a third-party website or service, a third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left the Services.

‍

Protecting Your Personal Information

Fluency and our service providers implement security measures designed to protect your information from unauthorized access, disclosure or accidental loss or destruction. We utilize appropriate physical, technical and managerial safeguards designed to protect the information we collect from or about our users. Fluency’s Services are hosted and managed within Amazon’s secure data centers located in the United States and utilize the Amazon Web Service (AWS) technology and the Website is hosted by Webflow. Amazon continually manages risk and undergoes recurring assessments to ensure compliance with industry standards. Fluency retains your personal information as is reasonably necessary to provide you with the Services; however, if you have not accessed the Services for five (5) years, your information will be deleted.

You can control how your PI is disclosed in certain instances.  For example:

Public Forums:

Our Website may make blog comment areas, chat rooms, forums, message boards, and/or news groups available to its users at various times. Please remember that, unless otherwise stated, any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your PI in these areas.

Testimonials:

With your consent we may post your testimonial along with your name.  If you wish to update or delete your testimonial, you can contact us via one of the methods listed below.

Social Media Widgets:

Our Website includes Social Media Features, such as the Facebook Like button. These Features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social Media Features are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.

‍

Your Privacy Rights

You can make choices about our collection and use of your information. You can control your personal data that Fluency obtains, and exercise your data protection rights, by contacting Fluency or using various tools we provide. For example, you can:

• Use the “unsubscribe” links contained in our email messages to stop receiving product or promotional offers from us via email.
• Disable push notifications sent to your mobile device to communicate with us about the Fluency Services via the applicable settings at your discretion.
• Prevent the Services from obtaining your location by disabling location services on your device. However, doing so means you may not be able to use the Services.
• Tell us to correct your personal information that we use. If you wish to exercise this right, please contact us at info@fluency.inc
• Direct us to limit the use of your Sensitive Personal Information solely in order to provide you products and services. If you wish to exercise this right, please do so at info@fluency.inc 
• Direct us to not sell or share your personal information at any time (the “right to opt-out”). To opt out of the sharing of your personal information, you can use the Global Privacy Control ("GPC") via this link: https://globalprivacycontrol.org/. Fluency processes opt-out preference signals in a frictionless manner. 
• Appeal Fluency’s decision with regard to your requests regarding your personal information above

Not all personal information processed by Fluency can be accessed or controlled via the tools above. If you want to access or control personal data processed by Fluency that is not available via the tools above, you can always contact Fluency at info@fluency.inc.

California

If you are a California resident, the California Consumer Protection Act provides you with specific rights regarding your personal information. You have the right to:

• Request that Fluency disclose to you the categories and specific pieces of personal information we have collected, sold and/or shared.
• Correct and delete any personal information about you which Fluency has collected from you.
• Request that Fluency also disclose the following to you:

1. The sources from which your personal information is collected.
2. The business or commercial purpose for collecting, selling, or sharing your personal information.
3. The categories of third parties with whom Fluency shares or sells personal information.

• Direct Fluency to limit the use of your sensitive personal information.

To exercise the rights set forth above, you may submit a request to us by visiting info@fluency.inc or calling 1-855-687-7353. If Fluency deletes your personal information, Fluency will both render certain personal information about you permanently unrecoverable and also deidentify certain personal information.

If you choose to exercise your privacy rights, you have the right to not to receive discriminatory treatment or a lesser degree of service from Fluency. 

Colorado/Connecticut/Virginia

If you live in Colorado, Connecticut, or Virginia you have some additional rights:

If we deny your rights request, you have the right to appeal that decision. We will provide you with the necessary information to submit an appeal at that time.

You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects about you. Fluency does not engage in profiling as defined by Colorado law, so you do not need to opt out.

Nevada

We do not sell your covered information, as defined under Chapter 603A of the Nevada Revised Statutes.

‍

Users Outside of The United States

The Fluency Services and the servers upon which they are hosted are located in the United States. Personal Information you submit using the Fluency Services will be transferred to and stored in the United States. By using the Fluency Services and submitting Personal Information, you authorize this transfer.

EEA or the UK

If you are located in the EEA or the UK, we only process your information when we have a valid “legal basis,” including as set forth below.

Consent. You have consented to the use of your information. For example, we may process your information to send you marketing communications or to use cookies where you have consented to such use.

Contractual Necessity. We need your information to provide you with our Services. For example, we may need to process your information to respond to your inquiries or requests.

Compliance with a Legal Obligation. We have a legal obligation to use your information. For example, we may process your information to comply with tax, labor, and accounting obligations.

Legitimate Interests. We or a third party have a legitimate interest in using your information. Specifically, we have a legitimate interest in using your information for product development and internal analytics purposes, and otherwise to improve the safety, security, and performance of our Services. We only rely on our or a third party’s legitimate interests to process your information when these interests are not overridden by your rights and interests.

If you are a resident of the EEA or the UK, you have the following rights in relation to Fluency’s processing of your Personal Information.

Right to Access. You have the right to know if we process your PI; the purposes of such processing; what categories of PI are processed; the recipients of your PI; and the envisaged period for which your PI  will be stored, or, if not possible, the criteria used to determine that period. You also have a right to receive a copy of your PI.

Right to Rectify. You have the right to correct inaccurate or incomplete PI we have concerning you.

Right to Data Portability. You have the right to receive the PI that you provided to us, in a structured, commonly used and machine-readable format. You have the right to transmit this data to another service provider. Where technically feasible, you have the right to have your PI transmitted directly from us to the service provider you designate.

Right to Object. You have the right object to us using your PI on the basis of our legitimate interest, including processing your PI for marketing communications. However, in cases other than processing your PI for marketing communications, we may override the objection if we demonstrate compelling legitimate grounds, or for the establishment, exercise of defense of legal claims. You may also object at any time to the use of your PI for direct marketing purposes.

Right to Restrict. You have right to restrict the processing of your PI (except for storing it) if you contest the accuracy of your PI, for a period enabling us to verify its accuracy; if you believe that the processing is unlawful and you oppose the erasure of the PI and request instead to restrict its use; if we no longer need the PI for the purposes outlined in this Privacy Policy, but you require them to establish, exercise or defense relating to legal claims, or if you object to processing, pending the verification whether our legitimate grounds for processing override yours.

Right of Erasure / Right to be Forgotten. Under certain circumstances, such as when you object to us processing your PI and we have no compelling legitimate grounds to override your objection, you have the right to ask us to erase your PI. However, we may still process your PI if it is necessary to comply with a legal obligation, we are subject to under laws in EU Member States or the UK or for the establishment, exercise or defense of legal claims.

Canada

If you are a resident of Canada, you can request what personal information Fluency holds about you, challenge the accuracy and completeness of said personal information, or challenge Fluency’s compliance with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) by submitting a request to us by emailing info@fluency.inc or calling 1-855-687-7353.

‍

Children’s Privacy

Our Website is not directed to children under the age of thirteen, and we do not knowingly collect PI from children under the age of thirteen on the Website. If we become aware that we have inadvertently received Personal Information from a visitor under the age of thirteen on the Website, we will delete the information from our records.

‍

Changes to our Privacy Policy

We may occasionally update this Privacy Policy. When we do update this Privacy Policy, we will also revise the “Last Updated” date at the top of the Privacy Policy. If we make changes to this Privacy Policy that, in our discretion, we consider significant, we will post the updated Privacy Policy on our Website and we may also send e-mails to our users who have created a Fluency account containing a link to the revised Privacy Policy. Please review this Privacy Policy periodically to stay informed about how we are protecting the Personal Information we collect. If you continue to use the Services and/or Website after we post an update to this Privacy Policy, you are indicating your acceptance of the updated Privacy Policy.

‍