Thank you for choosing to be part of
our community at FlirtatiousPen. We are committed to protecting your
personal information and your right to privacy. If you have any
questions or concerns about this privacy notice or our practices with
regard to your personal information, please contact us at
info@flirtatiouspen.com.
This privacy notice describes how we might use your information if you:
- Engage with us in other related ways ― including any sales, marketing, or events
In this privacy notice, if we refer to:
- "Website," we are referring to any website of ours that references or links to this policy
- "Services," we are referring to our Website, and other related services, including any sales, marketing, or events
The purpose of this privacy notice is
to explain to you in the clearest way possible what information we
collect, how we use it, and what rights you have in relation to it. If
there are any terms in this privacy notice that you do not agree with,
please discontinue use of our Services immediately.
Please read this privacy notice carefully, as it will help you understand what we do with the information that we collect.
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that
you voluntarily provide to us when you register on the Website, express
an interest in obtaining information about us or our products and
services when you participate in activities on the Website (such as by
posting messages in our online forums or entering competitions, contests
or giveaways) or otherwise when you contact us.
The personal information that we
collect depends on the context of your interactions with us and the
Website, the choices you make, and the products and features you use.
The personal information we collect may include the following:
Personal Information Provided by You. We collect names; email addresses; phone numbers; and other similar information.
Payment Data. We may
collect data necessary to process your payment if you make purchases,
such as your payment instrument number (such as a credit card number),
and the security code associated with your payment instrument. All
payment data is stored by Stripe.Com. You may find their privacy notice
link(s) here: https://stripe.com/privacy.
All personal information that you
provide to us must be true, complete, and accurate, and you must notify
us of any changes to such personal information.
Information automatically collected
In Short: Some
information — such as your Internet Protocol (IP) address and/or
browser and device characteristics — is collected automatically when you
visit our Website.
We automatically collect certain
information when you visit, use or navigate the Website. This
information does not reveal your specific identity (like your name or
contact information) but may include device and usage information, such
as your IP address, browser, and device characteristics, operating
system, language preferences, referring URLs, device name, country,
location, information about how and when you use our Website and other
technical information. This information is primarily needed to maintain
the security and operation of our Website, and for our internal
analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
The information we collect includes:
- Log and Usage Data. Log and
usage data are service-related, diagnostic, usage, and performance
information our servers automatically collect when you access or use our
Website and which we record in log files. Depending on how you interact
with us, this log data may include your IP address, device information,
browser type, and settings, and information about your activity on the
Website (such as the date/time stamps associated with your usage, pages,
and files viewed, searches and other actions you take such as which
features you use), device event information (such as system activity,
error reports (sometimes called 'crash dumps') and hardware settings).
- Device Data. We collect device
data such as information about your computer, phone, tablet, or other
devices you use to access the Website. Depending on the device used,
this device data may include information such as your IP address (or
proxy server), device and application identification numbers, location,
browser type, hardware model Internet service provider and/or mobile
carrier, operating system, and system configuration information.
- Location Data. We collect
location data such as information about your device's location, which
can be either precise or imprecise. How much information we collect
depends on the type and settings of the device you use to access the
Website. For example, we may use GPS and other technologies to collect
geolocation data that tells us your current location (based on your IP
address). You can opt-out of allowing us to collect this information
either by refusing access to the information or by disabling your
Location setting on your device. Note, however, if you choose to
opt-out, you may not be able to use certain aspects of the Services.
Information collected through our App
In Short: We collect information regarding your geolocation when you use our App.
If you use our App, we also collect the following information:
- Geolocation Information. We
may request access or permission to and track location-based information
from your mobile device, either continuously or while you are using our
App, to provide certain location-based services. If you wish to change
our access or permissions, you may do so in your device's settings.
This information is primarily needed to
maintain the security and operation of our App, for troubleshooting,
and for our internal analytics and reporting purposes.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We
process your information for purposes based on legitimate business
interests, the fulfillment of our contract with you, compliance with our
legal obligations, and/or your consent.
We use personal information collected
via our Website for a variety of business purposes described below. We
process your personal information for these purposes in reliance on our
legitimate business interests, in order to enter into or perform a
contract with you, with your consent, and/or for compliance with our
legal obligations. We indicate the specific processing grounds we rely
on next to each purpose listed below.
We use the information we collect or receive:
- To facilitate account creation and logon process.
If you choose to link your account with us to a third-party account
(such as your Google or Facebook account), we use the information you
allowed us to collect from those third parties to facilitate account
creation and logon process for the performance of the contract.
- To post testimonials.
We post testimonials on our Website that may contain personal
information. Prior to posting a testimonial, we will obtain your consent
to use your name and the content of the testimonial. If you wish to
update or delete your testimonial, please contact us at
info@flirtatiouspen.com and be sure to include your name, testimonial
location, and contact information.
- Request feedback. We may use your information to request feedback and to contact you about your use of our Website.
- To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
- To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order
- To send administrative information to you. We
may use your personal information to send you product, service, and new
feature information and/or information about changes to our terms,
conditions, and policies.
- To protect our Services. We
may use your information as part of our efforts to keep our Website
safe and secure (for example, for fraud monitoring and prevention).
- To enforce our terms,
conditions, and policies for business purposes, to comply with legal and
regulatory requirements, or in connection with our contract.
- To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
- To send you marketing and promotional communications.
We and/or our third-party marketing partners may use the personal
information you send to us for our marketing purposes if this is in
accordance with your marketing preferences. For example, when expressing
an interest in obtaining information about us or our Website,
subscribing to marketing, or otherwise contacting us, we will collect
personal information from you. You can opt out of our marketing emails
at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS?" below).
- Deliver targeted advertising to you. We
may use your information to develop and display personalized content
and advertising (and work with third parties who do so) tailored to your
interests and/or location and to measure its effectiveness.
- For other business purposes. We
may use your information for other business purposes, such as data
analysis, identifying usage trends, determining the effectiveness of our
promotional campaigns, and to evaluate and improve our Website,
products, marketing and your experience. We may use and store this
information in aggregated and anonymized form so that it is not
associated with individual end-users and does not include personal
information.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short:
We only share information with your consent, to comply with laws, to
provide you with services, to protect your rights, or to fulfill
business obligations.
We may process or share your data that we hold based on the following legal basis:
- Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
- Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
- Legal Obligations: We
may disclose your information where we are legally required to do so in
order to comply with applicable law, governmental requests, a judicial
proceeding, court order, or legal process, such as in response to a
court order or a subpoena (including in response to public authorities
to meet national security or law enforcement requirements).
- Vital Interests: We
may disclose your information where we believe it is necessary to
investigate, prevent, or take action regarding potential violations of
our policies, suspected fraud, situations involving potential threats to
the safety of any person and illegal activities, or as evidence in
litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
- Business Transfers. We
may share or transfer your information in connection with, or during
negotiations of, any merger, sale of company assets, financing, or
acquisition of all or a portion of our business to another company.
- Other Users. When you
share personal information (for example, by posting comments,
contributions, or other content to the Website) or otherwise interact
with public areas of the Website, such personal information may be
viewed by all users and may be publicly made available outside the
Website in perpetuity. Similarly, other users will be able to view
descriptions of your activity, communicate with you within our Website,
and view your profile.
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking
technologies (like web beacons and pixels) to access or store
information. Specific information about how we use such technologies and
how you can refuse certain cookies is set out in our Cookie Notice.
5. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We
keep your information for as long as necessary to fulfill the purposes
outlined in this privacy notice unless otherwise required by law.
We will only keep your personal
information for as long as it is necessary for the purposes set out in
this privacy notice unless a longer retention period is required or
permitted by law (such as tax, accounting, or other legal requirements).
No purpose in this notice will require us to keep your personal
information for longer than twelve (12) months past the start of the
idle period of the user's account.
When we have no ongoing legitimate
business need to process your personal information, we will either
delete or anonymize such information, or if this is not possible (for
example, because your personal information has been stored in backup
archives), then we will securely store your personal information and
isolate it from any further processing until deletion is possible.
6. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate
technical and organizational security measures designed to protect the
security of any personal information we process. However, despite our
safeguards and efforts to secure your information, no electronic
transmission over the Internet or information storage technology can be
guaranteed to be 100% secure, so we cannot promise or guarantee that
hackers, cybercriminals, or other unauthorized third parties will not be
able to defeat our security, and improperly collect, access, steal, or
modify your information. Although we will do our best to protect your
personal information, the transmission of personal information to and
from our Website is at your own risk. You should only access the Website
within a secure environment.
7. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from
or market to children under 18 years of age. By using the Website, you
represent that you are at least 18 or that you are the parent or
guardian of such a minor and consent to such minor dependent’s use of
the Website. If we learn that personal information from users less than
18 years of age has been collected, we will deactivate the account and
take reasonable measures to promptly delete such data from our records.
If you become aware of any data we may have collected from children
under age 18, please contact us at info@flirtatiouspen.com.
8. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
If you have questions or comments about your privacy rights, you may email us at info@flirtatiouspen.com.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
- Log in to your account settings and update your user account.
- Contact us using the contact information provided.
Upon your request to terminate your
account, we will deactivate or delete your account and information from
our active databases. However, we may retain some information in our
files to prevent fraud, troubleshoot problems, assist with any
investigations, enforce our Terms of Use, and/or comply with applicable
legal requirements.
Cookies and similar technologies:
Most Web browsers are set to accept cookies by default. If you prefer,
you can usually choose to set your browser to remove cookies and to
reject cookies. If you choose to remove cookies or reject cookies, this
could affect certain features or services of our Website. To opt-out of
interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.
Opting out of email marketing:
You can unsubscribe from our marketing email list at any time by
clicking on the unsubscribe link in the emails that we send or by
contacting us using the details provided below. You will then be removed
from the marketing email list — however, we may still communicate with
you, for example, to send you service-related emails that are necessary
for the administration and use of your account, to respond to service
requests, or for other non-marketing purposes. To otherwise opt-out, you
may:
- Access your account settings and update your preferences.
- Contact us using the contact information provided.
9. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile
operating systems and mobile applications include a Do-Not-Track ("DNT")
feature or setting you can activate to signal your privacy preference
not to have data about your online browsing activities monitored and
collected. At this stage, no uniform technology standard for recognizing
and implementing DNT signals has been finalized. As such, we do not
currently respond to DNT browser signals or any other mechanism that
automatically communicates your choice not to be tracked online. If a
standard for online tracking is adopted that we must follow in the
future, we will inform you about that practice in a revised version of
this privacy notice.
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83,
also known as the "Shine The Light" law, permits our users who are
California residents to request and obtain from us, once a year and free
of charge, information about categories of personal information (if
any) we disclosed to third parties for direct marketing purposes and the
names and addresses of all third parties with which we shared personal
information in the immediately preceding calendar year. If you are a
California resident and would like to make such a request, please submit
your request in writing to us using the contact information provided
below.
If you are under 18 years of age,
reside in California, and have a registered account with the Website,
you have the right to request the removal of unwanted data that you
publicly post on the Website. To request the removal of such data,
please contact us using the contact information provided below, and
include the email address associated with your account and a statement
that you reside in California. We will make sure the data is not
publicly displayed on the Website, but please be aware that the data may
not be completely or comprehensively removed from all our systems (e.g.
backups, etc.).
CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every
individual who is domiciled in the State of California who is outside
the State of California for a temporary or transitory purpose
All other individuals are defined as "non-residents."
If this definition of "resident"
applies to you, we must adhere to certain rights and obligations
regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
Category |
Examples |
Collected |
A. Identifiers
|
Contact details, such as real name,
alias, postal address, telephone or mobile contact number, unique
personal identifier, online identifier, Internet Protocol address, email
address, and account name
|
NO
|
B. Personal information categories listed in the California Customer Records statute
|
Name, contact information, education, employment, employment history, and financial information
|
YES
|
C. Protected classification characteristics under California or federal law
|
Gender and date of birth
|
YES
|
D. Commercial information
|
Transaction information, purchase history, financial details, and payment information
|
NO
|
E. Biometric information
|
Fingerprints and voiceprints
|
NO
|
F. Internet or other similar network activity
|
Browsing history, search history,
online behavior, interest data, and interactions with our and other
websites, applications, systems, and advertisements
|
NO
|
G. Geolocation data
|
Device location
|
NO
|
H. Audio, electronic, visual, thermal, olfactory, or similar information
|
Images and audio, video, or call recordings created in connection with our business activities
|
NO
|
I. Professional or employment-related information
|
Business contact details in order to
provide you our services at a business level, job title as well as work
history and professional qualifications if you apply for a job with us
|
NO
|
J. Education Information
|
Student records and directory information
|
NO
|
K. Inferences are drawn from other personal information
|
Inferences are drawn from any of the
collected personal information listed above to create a profile or
summary about, for example, an individual’s preferences and
characteristics
|
NO
|
We may also collect other personal
information outside of these categories instances where you interact
with us in-person, online, or by phone or mail in the context of:
- Receiving help through our customer support channels;
- Participation in customer surveys or contests; and
- Facilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your personal information?
More information about our data collection and sharing practices can be found in this privacy notice.
If you are using an authorized agent to
exercise your right to opt-out we may deny a request if the authorized
agent does not submit proof that they have been validly authorized to
act on your behalf.
Will your information be shared with anyone else?
We may disclose your personal
information with our service providers pursuant to a written contract
between us and each service provider. Each service provider is a
for-profit entity that processes the information on our behalf.
We may use your personal information
for our own business purposes, such as for undertaking internal research
for technological development and demonstration. This is not considered
to be "selling" of your personal data.
FlirtatiousPen has not disclosed or
sold any personal information to third parties for a business or
commercial purpose in the preceding 12 months. FlirtatiousPen will not
sell personal information in the future belonging to website visitors,
users, and other consumers.
Your rights with respect to your personal data
Right to request deletion of the data - Request to delete
You can ask for the deletion of your
personal information. If you ask us to delete your personal information,
we will respect your request and delete your personal information,
subject to certain exceptions provided by law, such as (but not limited
to) the exercise by another consumer of his or her right to free speech,
our compliance requirements resulting from a legal obligation or any
processing that may be required to protect against illegal activities.
Right to be informed - Request to know
Depending on the circumstances, you have a right to know:
- whether we collect and use your personal information;
- the categories of personal information that we collect;
- the purposes for which the collected personal information is used;
- whether we sell your personal information to third parties;
- the categories of personal information that we sold or disclosed for a business purpose;
- the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
- the business or commercial purpose for collecting or selling personal information.
In accordance with applicable law, we
are not obligated to provide or delete consumer information that is
de-identified in response to a consumer request or to re-identify
individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.
Verification process
Upon receiving your request, we will
need to verify your identity to determine you are the same person about
whom we have the information in our system. These verification efforts
require us to ask you to provide information so that we can match it
with the information you have previously provided us. For instance,
depending on the type of request you submit, we may ask you to provide
certain information so that we can match the information you provide
with the information we already have on file, or we may contact you
through a communication method (e.g. phone or email) that you have
previously provided to us. We may also use other verification methods as
the circumstances dictate.
We will only use the personal
information provided in your request to verify your identity or
authority to make the request. To the extent possible, we will avoid
requesting additional information from you for the purposes of
verification. If, however, we cannot verify your identity from the
information already maintained by us, we may request that you provide
additional information for the purposes of verifying your identity, and
for security or fraud prevention purposes. We will delete such
additionally provided information as soon as we finish verifying you.
Other privacy rights
- you may object to the processing of your personal data.
- you may request correction of your
personal data if it is incorrect or no longer relevant, or ask to
restrict the processing of the data.
- you can designate an authorized agent
to make a request under the CCPA on your behalf. We may deny a request
from an authorized agent that does not submit proof that they have been
validly authorized to act on your behalf in accordance with the CCPA.
- you may request to opt-out from future
selling of your personal information to third parties. Upon receiving a
request to opt-out, we will act upon the request as soon as feasibly
possible, but no later than 15 days from the date of the request
submission.
To exercise these rights, you can contact us by visiting https://flirtatiouspen.com/contact,
or by referring to the contact details at the bottom of this document.
If you have a complaint about how we handle your data, we would like to
hear from you.
11. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from
time to time. The updated version will be indicated by an updated
"Revised" date and the updated version will be effective as soon as it
is accessible. If we make material changes to this privacy notice, we
may notify you either by prominently posting a notice of such changes or
by directly sending you a notification. We encourage you to review this
privacy notice frequently to be informed of how we are protecting your
information.
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at info@flirtatiouspen.com or by post to:
FlirtatiousPen
P.O. Box 831070
Ocala, FL 34483-1070
United States