Privacy Policy

UPDATED: November 18, 2022

flexEngage values your privacy. This privacy notice explains what personal data we collect from you and how we use it. This privacy notice applies if you visit flexEngage’s corporate websites or social media or other web pages located on third-party websites, use any mobile application(s) provided by flexEngage, or register to attend any of flexEngage’s corporate events. This privacy notice also applies if you use flexEngage’s websites, hosted services, products, applications and/or content (collectively, the “Services”) directly or through a flexEngage customer (for example, on a flexEngage customer’s website or mobile application).

What does flexEngage do?

flexEngage provides dynamic post-purchase messages to help retailers engage customers and increase sales.

What information do we collect from you?

If you engage with a brand that uses our Services, we may collect:

Information on behalf of and/or requested by the brand, such as information related to your browsing, purchasing, and online behavior and activities, and;
Automatic information, such as IP address, operating system, geographic location information and type of device used.

flexEngage gathers, and uses the following categories of personal information about consumers for business purposes:

Direct Identifiers
Indirect Identifiers
Geolocation data
Professional and/or Employment-Related Information
Internet Activity
And/or Sensitive Information

If you visit our websites or use our apps, we may also collect:

The information you provide to us, including:
- Personal information, such as your name and contact information,
- Surveys, transcripts, and recordings of your communications with us,
- The information you provide on our forums and blogs.
Automatic information, such as:
- Web browser and usage information, including IP address, browser types, page view tallies, time spent on each page, page browsing information, operating system, geographic location information and type of device used.

How does flexEngage collect information from you?

We collect information when you engage with a brand that uses our Services, which may be enabled on the brand’s website or in its mobile applications, voice or SMS messaging capabilities, social media page/profile or other digital engagement solutions. This data is sourced from retail technology systems such as Point of Sale Systems, Order Management Systems, and Internet Browsers.

In addition, we may collect information through the following methods if you visit our websites or use our apps:

Your communications with flexEngage,
Your requests for information, news, and other content,
Your participation in one or more flexEngage forums or blogs,
A technical support request you submit,
Your participation in a flexEngage promotion, or
Recruitment and job applications.

We may also collect information from our direct interactions with you (such as through your attendance at a trade show or through sales inquiries), publicly available data or data provided by third-party sources, such as marketing opt-in lists.

How does flexEngage use the information it collects about me?

We use the information we collect to provide and improve our services. This information is collected in order to deliver, on behalf of retailers, transactional notifications (e.g., receipts, order confirmations, shipping confirmations, etc) to consumers via email, SMS, and physical mail and shared through email, SMS, secure SAAS applications. This information is shared with the retailer. Note, flexEngage has not sold any data in the previous year. If you engage with a brand that uses our Services, we use the information we collect on behalf of and as directed by the brand.

If you visit our websites or use our apps, we may also use your information for the following purposes:

To deliver information requested by you, for example in response to technical support requests,
To deliver marketing or other materials to you,
For promotions you may enter into, or
If you submit a resume or CV, to considering you for employment with flexEngage.

flexEngage may retain your information for a period of time consistent with the original purpose of collection. For example, if you engage with a brand that uses our Services, we may retain your information for the period of time agreed on with the brand. We may also retain your information during the period of time needed for flexEngage to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes, and enforce our agreements.

Does flexEngage use cookies?

We may use cookies and other identification technologies for record-keeping purposes and to enhance your experience if you choose to visit our websites.

Cookies:

Cookies are small text files stored on a visitor’s web browser and applications. Cookies are often used to make web-browsing easier by performing functions such as saving passwords and maintaining lists of personal preferences regarding the use of the website.

Our websites, apps, and Services may use the following types of cookies:

Strictly Necessary Cookies – these cookies are essential to enable you to browse our websites, apps, and Services and use the available features.
Performance Cookies – these cookies collect information about how you use our websites, apps, and Services. For instance, these cookies track which pages you visit most. This data may be used to help optimize our websites, apps, and Services and make it easier for you to navigate within them. These cookies do not collect information that identifies you; all information is aggregated and anonymous.
Functionality Cookies – these cookies allow our websites, apps, and Services to remember choices you make while browsing, such as geographic location and preferences such as text size and fonts. The information collected by these cookies will not personally identify you.

Other identification technologies that may be used by flexEngage websites, apps, and Services:

Pixel tags (also called beacons or pixels) – these are small blocks of code installed on (or called by) a webpage or application, which can retrieve certain information about your device and browser, including device type, operating system, browser type and version, websites visited, time of visit, referring website, IP address and other similar information.
Software Development Kits (also called SDKs) – function like pixels and cookies, but operate in the mobile application context where pixels and cookies cannot always function. The application developer can install pieces of code (the SDK) into the application to collect certain information about user interaction with the application and information about the user device and network information.

Third-party technologies:

flexEngage may use third-party service providers who are authorized to place cookies, pixel tags or similar technologies on our websites, apps, and Services with our permission. These technologies help us compile metrics and analytics (without collecting personally identifiable information) to help improve our websites, apps, and Services. Third-party cookies and technologies are covered by the third party’s privacy notice.

Your choice:

Web browsers are usually set to accept cookies. However, if you prefer not to receive cookies, you typically have the option of setting your browser to refuse cookies. If your browser is set to refuse cookies, it is likely that some of the functionality offered by flexEngage will not be available or will not work as effectively for you.

For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit www.allaboutcookies.org and www.youronlinechoices.eu.

Do Not Track

Various browsers, including Internet Explorer, Firefox, and Safari, currently offer a “do not track” or “DNT” option that relies on a technology that sends a signal to websites a user visits about that user’s browser DNT preferences. While flexEngage attempts to honor the DNT instructions received from a user’s browser, flexEngage cannot guarantee that it will always respond to such signals because a common industry standard for DNT has not been adopted. flexEngage will continue to monitor developments in DNT browser technology.

Sharing of information collected:

flexEngage does not sell, trade or rent personal information provided by you in any transcript, survey or recording for direct marketing or any other purpose, except as provided in this privacy notice or with your permission. flexEngage does not disclose the contents of transcripts, surveys or recordings other than to service providers performing services on behalf of flexEngage, other than as provided in this privacy notice or with your permission.

The brand you have engaged with through the Services

If you engage with a brand that uses our Services, we may also share your information with that brand.

For legal reasons

We may share your information if we reasonably believe that it: (i) is necessary to comply with a legal process (such as a court order, subpoena, or search warrant) or other legal requirements of any governmental authority; (ii) would potentially mitigate our liability in an actual or potential lawsuit; (iii) is necessary to enforce this privacy notice or our Terms of Use at http://www.flexEngage.com/terms-of-use/ or any other agreement in place between you and flexEngage; (iv) is necessary to investigate and prevent unauthorized transactions or other illegal activities; and/or (v) is otherwise necessary or appropriate to protect our rights or property or the rights or property of any person or entity.

To deliver and improve the Services

We may aggregate information so that it is not personally identifiable and use and share such aggregated information for training and quality assurance purposes and to deliver and improve our Services.

Service providers

We use a limited number of third-party service providers to assist us in making our websites and Services available to visitors and users. For example, we may share data with third parties who provide services to us, such as marketing, analytics, and data storage services. These third parties may access, process or store personal data in the course of providing their services.

Business partners

From time to time, we may partner with other companies to allow flexEngage and its customers to offer integrations with our Services. If you engage with a brand that uses one of these integrations, flexEngage may share your data with the third-party partner, receive data about you from the third-party partner, and/or combine third-party partner data about you with information about you that we collect. We do not control how a third-party partner may use your data. Use of your information by the third-party partner is governed by their privacy policies. If you do not wish for your information to be shared in this way, you may opt not to use such integrations.

Affiliates

We may share your information with subsidiaries, parent companies, or other affiliates of the flexEngage corporate group in order to deliver and improve the Services.

Other third parties

The Cookies section above addresses the information flexEngage or third parties collect through cookies, pixel tags, SDKs, and similar third-party technologies and how you can control cookies through your web browsers. flexEngage may also disclose your personal information to any third party with your prior consent.

Access and changes to personal data

If you elect to engage in any communication or engagement session with flexEngage or a customer that uses our Services, it is up to you to decide what, if any, information to provide during such session. Depending on your request, it may not be possible for us or our customer to address all of your questions without further information from you. Nevertheless, if you do not wish to provide certain information, then you should not do so.

Third-party integrations

How can I review, correct, delete, or receive a copy of my information with flexEngage or withdraw my consent from flexEngage processing my personal data?

If you have opted-in to receive flexEngage’s marketing or advertising communications, you may, at any time, opt-out of receiving further communications by clicking on the opt-out link at the bottom of a marketing or advertising email you receive from us. You may also contact us at support@flexEngage.com to opt-out or to request changes to your personal information.

You may request to review, correct, delete, or receive a copy of any of the personal information you’ve provided to a Brand that uses the Services or withdraw your consent to flexEngage processing your personal data by either contacting the brand directly or by contacting us at support@flexEngage.com. We will respond within a reasonable period of time and can help coordinate with and support the brand as needed to respond to your request.

How does flexEngage keep my information secure?

We use security measures designed to protect against the loss, misuse, and alteration of the information under our control. For certain flexEngage Services, transaction data transfers are encrypted during transmission. In addition, data that we store are maintained and archived on secure, hardened servers that are hosted on highly secure data centers. Access to this data is protected by multiple layers of controls, including firewalls, role-based access controls, authentication mechanisms, encryption and monitoring. Data is backed up, and archives are stored in a secure location.

If you are communicating with a brand that uses our Services, you should review the privacy practices of that brand to understand which security measures they use.

In addition to the other terms in this policy, if you use our mobile application(s), access our mobile-optimized websites or have a conversation with a flexEngage customer that uses our Services in its mobile application(s), we may receive information about your location and your mobile device, including a unique identifier for your device. Most mobile phones allow you to control or disable location services in the device’s settings menu. If you have questions about how to turn off location services, please contact your mobile phone manufacturer or mobile service carrier. You may also choose to allow our mobile application(s) to access features available on your device, such as the device’s camera and microphone, or to access the data stored on your device, such as photos and videos, to share such media while using the application(s).

If you have opted-in to receive SMS messages from one of our customers, you may opt-out by following the opt-out instructions provided by the brand you are communicating with or by contacting the brand. You may also contact us at support@flexEngage.com, and we can help put you in touch with the brand regarding your request.

flexEngage forums and blogs

Information that you share on flexEngage forums or blogs becomes publicly available and therefore may be read, collected, copied and used by other users for any purposes at their discretion. Because this information is publicly available, flexEngage’s privacy obligations outlined in this privacy notice do not apply to your use of any such forums or blogs.

International data transfers

If you are located outside of the United States, please note that we may transfer your personal data outside your country of origin. By providing or making available your personal data, you consent to that transfer. Based on applicable laws in your country of residence, you may have certain rights with respect to your personal data that we retain.

We will take steps to ensure that your data is subject to appropriate safeguards required under this privacy notice, applicable data protection laws, and appropriate legally recognized data transfer adequacy mechanisms which may include entering into European Commission-approved standard contractual clauses related to transfers of personal information.

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

EU individuals have the right to access personal data about them, and to limit the use and disclosure of their personal data. flexEngage is committed to respecting those rights. Because our personnel has limited ability to access personal data our customers submit through our Services, if you wish to request access to or to limit the use and/or disclosure of your personal data, please contact us with the name of the flexEngage customer through which you used our Services. We will refer your request to that customer and will support them as needed in responding to your request.

Any inquiries or complaints regarding our data privacy practices may be directed to support@flexEngage.com. We will respond and provide appropriate recourse at no cost to you.

Canadian residents

Canadian individuals are entitled to submit a request to consult and access their personal information held by us. They can also request the rectification of their personal information if it is inaccurate, incomplete or ambiguous, or if the collection, disclosure or retention thereof is not authorized by law.

If you have any questions concerning this Policy, or about the collection, use or disclosure of your personal information, or if you wish to make a request for access to, or to rectify, your personal information, please contact us at support@flexEngage.com.

We will respond to any request for access or rectification within 30 days of the date your written request is received. In the event of a refusal to provide or correct the information, we will inform you on the grounds for our refusal, subject to any restrictions provided by law, and inform you of your recourses.

Children

The Services are not directed to individuals under 18. If you are under the age of 18, you may not use the Services or provide any personal information to us. flexEngage does not knowingly collect personal information from individuals under the age of 18. If you are a parent of an individual under 18 and believe your child has provided personal information to flexEngage, or if you are a California resident under the age of 18 and wish to remove content you have made publicly available, please contact us at support@flexEngage.com.

California Residents

The California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act (“CPRA”) provide consumers (California residents) with specific rights regarding their personal information. This section describes your rights under the CCPA and the CPRA and explains how to exercise these rights.

You have the right to request that flexEngage disclose certain information to you about our collection and use of your personal information over the past 12 months. Additionally, you have the right to object to this data being sold or shared with third parties for purposes of cross-context behavioral advertising. Your right to access and request your information not to be sold shall not affect your right for equal price and service. Once we receive and confirm your verifiable consumer request (see SECTION ABOUT EXERCISING YOUR RIGHTS), we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you.
If we disclosed your personal information for a business purpose:
- Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

For consumers with disabilities who need to access this policy in an alternative format, please contact us using the details set forth at the end of this policy.

Exercising Your Rights under the CCPA

To exercise your right for access (detailed under California Residents) or to request your right to object to the selling of your information, please submit a verifiable consumer request to us by either:

Emailing us at support@flexengage.com.
Submitting a request to us via mail at: flexEngage, 4071 L.B. McLeod Rd Ste D PMB 84, Orlando, FL 32811.
Calling us at +1 833-916-3553.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information about or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

EU Representative

If you are an individual in the EU, you can also contact Jack Baylor, who is based in the Republic of Ireland and has been appointed as our representative in the EU pursuant to Article 27 of the GDPR on matters related to the processing of personal data activities that take place in the EU. To make such an inquiry, please write to Jack Baylor at 2 Ashton Place, Gardiner’s Hill, Cork, Ireland.

Miscellaneous

We recommend that you review this privacy notice periodically, as we may update it from time to time. Your use of our websites, apps, and Services, as applicable, constitutes your consent to the new privacy notice to the fullest extent permitted by law. We are not responsible for and do not control the privacy practices of any of our customers or any other third party. We encourage you to review the privacy practices of each third party. We welcome your feedback on our privacy notice. Please send any comments or questions to support@flexEngage.com or to flexEngage, Inc, Attn: Security, flexEngage, 4071 L.B. McLeod Rd Ste D PMB 84, Orlando, FL 32811.