1. INFORMATION WE COLLECT
1.1 Information you provide
1.1.1 Account Registration. When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number. If you choose to refer a friend to our Services, we may also collect your friend’s email address so that we may send them a referral or promotional code to sign up for our Services.
1.1.2 Payment Information. When you add your financial account information to your Account, that information is directed to our third-party payment processor. We do not store your financial account information on our systems; however, we have access to, and may retain, subscriber information through our third-party payment processor.
1.1.3 Communications. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. We may also receive a confirmation when you open an email from us.
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
1.2 Information we collect when you use our services
1.2.1 Cookies and Other Tracking Technologies. As is true of most websites, we gather certain information automatically and store it in log files. In addition, when you use our Services, we may collect certain information automatically from your device. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, landing page, and referring URL. To collect this information, a cookie may be set on your computer or device when you visit our Services. Cookies contain a small amount of information that allows our web servers to recognize you. We store information that we collect through cookies, log files, and/or clear gifs to record your preferences. We may also automatically collect information about your use of features of our Services, about the functionality of our Services, frequency of visits, and other information related to your interactions with the Services. We may track your use across different websites and services. In some countries, including countries in the European Economic Area (“EEA”), the information referenced above in this paragraph may be considered personal information under applicable data protection laws.
1.2.2 Usage of our Services. When you use our Services, we may collect information about your engagement with and utilization of our Services, such as processor and memory usage, storage capacity, navigation of our Services, and system-level metrics. We use this data to operate the Services, maintain and improve the performance and utilization of the Services, develop new features, protect the security and safety of our Services and our customers, and provide customer support. We also use this data to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.
1.3 Information we receive from third parties
1.3.1 Third-Party Accounts. If you choose to link our Services to a third-party account, we will receive information about that account, such as your authentication token from the third-party account, to authorize linking. If you wish to limit the information available to us, you should visit the privacy settings of your third-party accounts to learn about your options.
1.3.2 Third-Party Partners. We may also receive publicly available information about you from our third-party partners and combine it with data that we have about you.
2. HOW WE USE INFORMATION
We use the information we collect in various ways, including to:
- Provide, operate, and maintain our Services;
- Improve, personalize, and expand our Services;
- Understand and analyze how you use our Services;
- Develop new products, services, features, and functionality;
- Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the Service, and for marketing and promotional purposes;
- Process your transactions;
- Send you text messages and push notifications;
- Find and prevent fraud; and
- For compliance purposes, including enforcing our Terms of Service, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
3. LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION
Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so. We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.
In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
4. THIRD-PARTY SERVICES
You may access other third-party services through the Services, for example by clicking on links to those third-party services from within the Services. We are not responsible for the privacy policies and/or practices of these third-party services, and we encourage you to carefully review their privacy policies.
Flow is committed to protecting your information. To do so, we employ a variety of security technologies and measures designed to protect information from unauthorized access, use, or disclosure. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. However, please bear in mind that the Internet cannot be guaranteed to be 100% secure.
6. DATA RETENTION
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it.
If you are a registered user, you may access certain information associated with your Account by logging into our Services or emailing email@example.com.
To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could: inhibit Flow’s ability to comply with a legal obligation; inhibit Flow’s ability to investigate, make or defend legal claims; result in disclosure of personal information about a third party; or result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to Flow.
8. YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION
If you are a resident of the EEA, you have the following data protection rights:
If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by emailing firstname.lastname@example.org.
In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. You can exercise these rights by emailing email@example.com.
You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you.
Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
The data controller of your personal information is Flow Swiss AG.
Passed in 2016, the new General Data Protection Regulation (GDPR) is the most significant legislative change in European data protection laws since the EU Data Protection Directive (Directive 95/46/EC), introduced in 1995. The GDPR, which becomes enforceable on May 25, 2018, seeks to strengthen the security and protection of personal data in the EU and serve as a single piece of legislation for all of the EU. It will replace the EU Data Protection Directive and all the local laws relating to it. We support the GDPR and will ensure all Flow cloud services comply with its provisions by May 25, 2018.
WHAT IS THE GDPR?
The General Data Protection Regulation (GDPR) is a new European privacy law that goes into effect on May 25, 2018. The GDPR will replace the EU Data Protection Directive, also known as Directive 95/46/EC, and will apply a single data protection law throughout the EU. Data protection laws govern the way that businesses collect, use, and share personal data about individuals. Among other things, they require businesses to process an individual’s personal data fairly and lawfully, allow individuals to exercise legal rights in respect of their personal data (for example, to access, correct or delete their personal data), and ensure appropriate security protections are put in place to protect the personal data they process. We have taken steps to ensure that we will be compliant with the GDPR by May 25, 2018.
WHO DOES THE GDPR APPLY TO?
The GDPR applies to all entities and individuals based in the EU and to entities and individuals, whether or not based in the EU, that process the personal data of EU individuals. The GDPR defines personal data as any information relating to an identified or identifiable natural person. This is a broad definition, and includes data that is obviously personal (such as an individual’s name or contact details) as well as data that can be used to identify an individual indirectly (such as an individual’s IP address).
DOES THE GDPR APPLY TO AN INDIVIDUAL PERSON?
Yes, if the individual person is a customer of Flow and they are processing the personal data of EU individuals when using our products and services.
WHAT IS FLOW’S ROLE UNDER GDPR?
We act as both a data processor and a data controller under the GDPR.
Flow as a data processor: When customers use our products and services to process EU personal data, we act as a data processor. For example, we will be a processor of EU personal data and information that gets uploaded into a server, hosted with us. This means we will, in addition to complying with our customers’ instructions, need to comply with the new legal obligations that apply directly to processors under the GDPR.
Flow as a data controller: We act as a data controller for the EU customer information we collect to provide our products and services and to provide timely customer support. This customer information includes things such as customer name and contact information.
WHAT HAVE WE DONE TO COMPLY WITH GDPR?
We have conducted an analysis of our operations to ensure we comply with the new requirements of the GDPR. We have reviewed our products and services, customer terms, privacy notices and arrangements with third parties for compliance with the GDPR. We can confirm we will be fully compliant with the GDPR by May 25, 2018.
WHAT PERSONAL DATA DO WE COLLECT AND STORE FROM OUR CUSTOMERS?
We store data that customers have given us voluntarily. For example, in our role as data controller, we may collect and store contact information, such as name, email address, phone number, or physical address, when customers sign up for our products and services or seek support help. We also may collect other identifying information from our customers, such as IP address, SSH public keys or Oauth tokens for external services.
We separately act as a data processor when customers use our products and services to process EU personal data, such as uploading personal data to a server. Customers decide what personal data, if any, is uploaded to our products and services.
WHAT IS THE FLOW DATA PROCESSING AGREEMENT (“DPA”)?
Customers that handle EU personal data are required to comply with the privacy and security requirements under the GDPR. As part of this, they must ensure that the vendors they use to process the EU personal data also have privacy and security protections in place. Our DPA outlines the privacy and security protections we have in place. We are committed to GDPR compliance and to helping our customers comply with the GDPR when they use our services. We have therefore made our DPA available to all our customers and it can be found here:
ARE CUSTOMERS REQUIRED TO SIGN THE FLOW DPA?
No. By agreeing to our General Terms and Conditions, you are automatically accepting our DPA and do not need to sign a separate document.
CAN A CUSTOMER SHARE THE FLOW DPA WITH ITS CUSTOMERS?
Yes. The DPA is a publicly available document and customers who wish to share it with their customers to confirm our security measures and other terms may feel free to do so.
DO CUSTOMERS NEED TO NOTIFY ANYONE UPON ACCEPTING OUR DPA?
No. You are not required to notify us or any third party upon accepting our DPA though, as mentioned above, you are free to do so.
ARE THERE UNIQUE DPA NEEDS FOR INDIVIDUAL COUNTRIES?
The GDPR applies to all of the EU and we offer a DPA that is compliant in all EU countries.
HOW DO WE HANDLE DELETE INSTRUCTIONS FROM CUSTOMERS?
Customers have the ability to remove or delete information they have uploaded to our products. Likewise, customers may deactivate their account and request that all personal data we have collected and stored is deleted. Contact us via firstname.lastname@example.org for further instructions.