Privacy Policy

Last Updated: June 20, 2024
To see a previous version, click here.

Purpose of this Privacy Policy

North American Resellers LLC, a US Company (“us”, “we” and “our”), is committed to protecting your privacy. We have prepared this Privacy Policy to describe our practices regarding Personal Data (as defined below) we collect from users of our website located at https://www.flexmonster.com/ (“Website”). This Privacy Policy applies to Personal Data we collect through our Website and to information collected by or in connection with your use of our products and services. This Privacy Policy does not apply to any third-party websites, services, or applications, even if they are accessible through our products and services or Website.

In addition, this Privacy Policy describes your privacy rights and how the law protects you.

We gather information to continually improve our relationship with you. We do not sell your information to outside organizations.

Our Website, products and services are not intended for children, and we do not knowingly collect data relating to children.

It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we collect or process Personal Data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.

The goal of this Privacy Policy is to:

describe which Personal Data we collect about you, the reasons why we collect and use it;
explain the way we use Personal Data that you share with us when you visit our Website or use our products and services; and
explain your rights and choices regarding Personal Data we collect and process about you and how we protect your privacy.

We hope this helps you understand our privacy commitments to you. For further clarification of the terms used in this Privacy Policy, please contact us (see “Contact us” section).

By accessing or using our Website or products and services, you confirm that you have read, understood, and agree to collection, storage, use, and disclosure of your Personal Data by us as described in this Privacy Policy.

INFORMATION WE COLLECT
HOW WE USE INFORMATION WE COLLECT
HOW WE SHARE INFORMATION WE COLLECT
HOW WE STORE AND SECURE INFORMATION WE COLLECT
HOW TO ACCESS AND CONTROL YOUR INFORMATION
MISCELLANEOUS

1. INFORMATION WE COLLECT

1.1. Types of data we collect

We collect Personal Data and Anonymous Data from you when you visit our Website or use our products and services, when you send us information, when you engage with us through online chat applications, register via our Website forms or otherwise interact with us. “Personal Data” means information and data that identifies, relates to, describes, can be used to contact, or could reasonably be linked directly or indirectly to you, including, for example, identifiers such as your real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, or other similar identifiers; Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with an Internet website, application, or advertisement; and any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons. We do not collect any special categories of Personal Data about you (this includes details about race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data).

1.2. Personal Data you provide to us

We collect information that includes personally identifiable information about you that you provide to us via our Website, or while using our products and services. It’s data that you leave when downloading our products or using our services, registering on our Help Center, creating and managing a user account on our Website, submitting a contact form, raising a support ticket through our systems or third-party services, requesting quotes, products and services, placing orders for products and services, trials, interacting with us on third-party social networks (subject to that third-party’s terms of use and privacy policies), inputting it into the relevant fields in online forms placed on our Website, signing up for our newsletter or other marketing material (Internet/electronic activity), contacting us, responding to our emails, or otherwise providing it directly to us. This may include the following Personal Data:

contact information: including your name (first and last name), email address, user account name and password, phone number, title, company, industry and postal address;
technical and related information about your use of our products and receiving services: may include details about license keys, license expiration, technical information from support tickets, and other requests;
details of an individual's business and other interests and opinions (such as information held in a customer relationship management database).

Note that we will never email you to ask for your user account information. If you receive such an email, please contact us (see “Contact us” section).

Information about others. When you need to add a new person to the communication (for example, into the email) who shall interact with us in relation to products that are used by you or is also interested in using our products and receiving services, or forward reference or marketing material to a friend, we can ask you to provide a third-party's Personal Data (such as name, email, and phone number) and you represent that you have the third-party's permission to do so. Such information will be added to our contact database. Third parties may unsubscribe from any future communication by following the link provided in the initial message or by responding to the email.

1.3. Personal Data collected automatically via technology

To improve our Website, products and services, our servers (which may be hosted by a third-party service provider) automatically collect Personal Data from you, including browser type, browser version, operating system, IP address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), referring domain name, page load time statistics, statistics on time spent on each page and/or a date/time stamp for your visit (identifiers, commercial information or Internet/electronic activity), the pages of our Website that you visit, determination of device type, screen size, statistics on user actions, statistics on the geographical area of origin of the requests and other strictly necessary statistics. We use this information to produce anonymous statistical data and to monitor our networks and the visitors of our Website. Among other things, it helps us understand our potential clients who are interested in our products and services.

1.4. Personal Data collected via Cookies

We also use Cookies (as defined below) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit, the solutions and information for which you searched and which you viewed (Internet/electronic activity). Like most technology companies, we automatically gather this Personal Data and store it in the database each time you visit our Website. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website.

1.4.1. Types of Cookies we use

Cookies and First-Party Tracking: we use Cookies and clear GIFs.
Cookies and Third-Party Tracking:

Necessary

Necessary Cookies are essential for enabling basic functions such as page navigation and access to secure website areas, making it usable. Websites cannot function properly without these Cookies. Such Cookies do not collect or store any personal information about the website visitors. The following service may use these Cookies:

CookieYes

Analytics

Analytical Cookies are used to understand how visitors interact with our Website. These Cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc. The following services may use these Cookies:

Google Tag Manager
Google Analytics
Hotjar
Facebook
Microsoft Clarity
YouTube

Advertisement Cookies are used to provide visitors with customized advertisements based on the pages you visited previously and to analyze the effectiveness of the ad campaigns. The following services may use these Cookies:

X
Bing / Microsoft Ads
Facebook
Google Ads
Reddit
Quora

Other functionality Cookies

The following Cookies help perform certain functionalities like providing common online shopping and other third-party features, demonstrating live code examples, and showcasing integration with third-party charting libraries. Such Cookies do not collect information that identifies a visitor. All information they collect is anonymous and is only used to improve the Website's functionality. Third-party vendors may have access to this data and use it to improve their overall services and offerings. The following services may use these Cookies:

WooCommerce
jsFiddle
Highcharts

We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide a more personal and interactive experience on our Website. Persistent Cookies can be removed by following Internet browser help instructions. You may choose to refuse or disable Cookies via the settings on your browser, however by doing so, some areas of our Website may not work properly.

Different browsers provide different methods to block and delete Cookies used by websites. Please visit your browser’s official support documents to change the settings of your browser to block/delete Cookies. The “Help” feature on most browsers and devices will tell you how to remove Cookies from your device, how to prevent your browser or device from accepting new Cookies, how to have the browser notify you when you receive a new Cookie, or how to disable Cookies altogether. You can change your Cookie preferences on our Website at any time by clicking Manage Cookies in the footer of our Website. This will let you revisit the Cookie consent banner and change your preferences or withdraw your consent right away.

1.5. Personal and/or Anonymous Data collected by third parties

We also acquire Personal Data from trusted third-party sources and engage third parties to collect Personal Data on our behalf, in accordance with applicable laws.

We may collect analytics data or use third-party analytics tools to help us measure traffic and usage trends of our Website and to understand more about the demographics of our users.

We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, that permit us to recognize and contact you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are unable to respond to “do not track” signals set by your browser at this time.

2. HOW WE USE INFORMATION WE COLLECT

By providing Personal Data to us, you acknowledge that you express consent to our collection, use, and disclosure of your Personal Data pursuant to this Privacy Policy.

We may use your Personal Data to:

measure the use of our Website and improve its content;
provide you with a personalized experience on our Website;
customize the advertising and content you see;
subscribe you to receive our email newsletter;
provide you with information about our products and services;
provide you with technical and customer support;
communicate product developments and updates;
enforce our legal rights or comply with legal requirements;
respond to your request for information and provide more effective customer service;
gather and derive insights from your use of our Website to help us better understand your interests and needs and improve our Website, products and services;
protect our Website and our users.

We may store your Personal Data and comments for future use and reference in order to maintain an appropriate record of our relationship with you.

We may use the Campaign Monitor service to provide you with advertisements, promotions, and information about our products and services. This is in compliance with applicable consent requirements. If you do not want us to use your Personal Data this way, you can choose not to give your permission on our Website and/or forms with which we collect your Personal Data. You are always offered to opt out of receiving any or all of these communications from us by following the unsubscribe link or instructions provided in any email we send.

If you have subscribed to receive any other communication from us and later change your mind, you may contact us (see “Contact us” section) to have your name removed from our distribution lists.

3.1. Disclosure to Affiliates

We may share some or all of your Personal Data with other companies under our common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires us or our assets, that company will possess Personal Data collected by it and us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy. We may also disclose your Personal Data to third parties in the event that we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets.

3.2. Disclosure to third-party service providers

We do not and will not sell your Personal Data. Except as otherwise stated in this Privacy Policy, we do not generally share Personal Data that we collect with other entities. However, we may share your Personal Data - including each category of Personal Data described above - with third-party service providers to:

provide you with products and services that we offer you through our Website;
conduct quality assurance testing;
collect and analyze data;
provide technical support;
process secure payments;
send communications;
provide sales assistance;
conduct customer relationship management, or
provide specific business services, such as synchronization with other software applications and marketing services (including advertising and event management).

For these purposes, we may employ other entities, private entrepreneurs, and individuals to perform functions on our behalf. These third-party service providers have access to Personal Data needed to perform their functions but may not use it for other purposes. Further, they must process that information in accordance with this Privacy Policy and as permitted by applicable data protection law. These third-party service providers are required by contract not to retain, use, or disclose your Personal Data other than to provide the services requested by us.

We may use third-party web analytics services (such as those of Google Analytics) on our Website to collect and analyze usage information through Cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to our users, as well as to share aggregated and non-identifying information with them to enhance the effectiveness of our Website, products and services and for industry research and analysis, demographic profiling, benchmarking, and other similar purposes.

In email campaigns, we may also use analytics tools, such as clear GIFs, to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.

3.3. Other disclosures

Regardless of any choices you make regarding your Personal Data (as described below in section “HOW TO ACCESS AND CONTROL YOUR INFORMATION” and clause 6.1), we may disclose Personal Data if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) protect or defend our rights or property or the rights or property of users of products or receivers of services; or (c) protect against fraud and reduce credit risk.

4. HOW WE STORE AND SECURE INFORMATION WE COLLECT

4.1. Information storage and security

We are located in the United States, and our third-party service providers are located worldwide. Depending on the scope of your interactions with our Website, products, or services, your Personal Data may be stored in or accessed from multiple countries, including the United States. Whenever we transfer Personal Data to other jurisdictions, we will ensure that the information is transferred in accordance with this Privacy Policy and as permitted by applicable data protection laws.

4.2. Keeping your information safe

We care about the security of your Personal Data.

For the security of payment processing on our Website, we use third-party services such as Stripe and FreshBooks, which maintain organizational, technical, and administrative measures designed to protect Personal Data from unauthorized access, destruction, loss, alteration, or misuse.

However, no method of Internet transmission or electronic storage is 100% secure or error-free, so it is not possible to guarantee absolute security. You must protect against unauthorized access to your password and to your computer and be sure to sign off when finished using a shared computer. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps in accordance with any applicable laws and regulations. If you have reason to believe that your interaction with us is no longer secure, please immediately contact us (see “Contact us” section).

5. HOW TO ACCESS AND CONTROL YOUR INFORMATION

5.1. Your privacy rights

Depending upon your location and in accordance with applicable laws, you may have the following rights regarding your Personal Data:

Information on the types of Personal Data collected: you have the right to receive detailed information about Personal Data we collect about you.
Information on the purposes of collection and use: you can request information about why we collect certain data and how we use it.
Information on the type or identity of third parties to which your Personal Data is disclosed: you have the right to know if and to whom we have disclosed your Personal Data, including third parties.
Choices for limiting the use and disclosure of your Personal Data: we provide you with options to limit the use and disclosure of your Personal Data.
Access to your Personal Data: you have the right to access Personal Data we hold about you, consistent with legal requirements. In addition, in some cases, you may have the right to receive or have your electronic Personal Data transferred to another party.
Request rectification: if your Personal Data is inaccurate or incomplete, you may ask for it to be corrected.
Request erasure: you can request the erasure of your Personal Data, subject to certain exceptions prescribed by law.
Request deletion, restriction, or object to the processing: you can ask to restrict the processing of your Personal Data or object to certain processes, including the right to opt-in or opt-out of the sale of your Personal Data to third parties.
Portability: you can request the transfer of your Personal Data to you or to a third party.
Withdrawal of consent: you can withdraw your consent to processing your Personal Data.
Automated decision-making: the right not to be subject to having a decision made about you that is based solely on automated processing if that decision produces legal or similarly significant effects concerning you.
Notification of the organization’s liability if it transfers your Personal Data: you will be notified of our liability in cases where your Personal Data is transferred.
Notification of the requirement to disclose Personal Data in response to lawful requests by public authorities: we will inform you if we are required to disclose your Personal Data in response to lawful requests by public authorities.
Reasonable and appropriate security for your Personal Data: we ensure reasonable and appropriate security measures to protect your Personal Data.
A response to your request or complaint within 30-45 days: we will confirm receipt of your request or complaint within 10 business days and will respond to your request or complaint within 30 to 45 calendar days, depending on the applicable privacy regulation and after proper verification unless we need additional time, in which case we will let you know.
Cost-free independent dispute resolution: to address your data protection concerns, we provide a cost-free independent dispute resolution mechanism.
The right to invoke binding arbitration: if you believe that we have not adhered to this Privacy Policy, please contact us (see “Contact us” section). We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If we are unable to reach a resolution to the dispute, we will settle the dispute exclusively under the rules of the American Arbitration Association.
Non-discrimination: you will not be discriminated against for exercising your privacy rights.
Other rights: if you are subject to any data protection regulation not covered by this Privacy Policy and that requires further commitments on our part, such as signing a Data Protection Agreement, please contact us (see “Contact us” section) to facilitate the necessary arrangements. Please note that it is your sole responsibility to verify that you are able to use our Website in accordance with applicable privacy regulations. If you have any doubts about your ability to transfer Personal Data to us in compliance with such regulations, please do not hesitate to contact us for further guidance.

If you would like to exercise any of the rights mentioned in this section “HOW TO ACCESS AND CONTROL YOUR INFORMATION”, please contact us (see “Contact us” section). We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request, such as requiring you to submit your request via your account, if you have one, or proof of ID.

6. MISCELLANEOUS

6.1. Do not track

Your browser and other mechanisms may permit you to send “do not track” requests or other similar requests via your browser settings to express your preferences regarding online tracking. Due to the lack of any standard for how “do not track” should work on commercial websites, we do not currently respond to such requests. Should a uniform standard be adopted, we will be sure to consider how to implement it best. For more information about interest-based ads or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

6.2. Data retention

We will only retain your Personal Data for as long as necessary to fulfill the purposes for which we collected it, including satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data, and whether we can achieve those purposes through other means, and the applicable legal requirements. The strictly necessary Cookies or Personal Data that are automatically collected via technology as prescribed in clause 1.3 hereinabove are kept for a maximum period of 25 months, and the retention period above is subject to a periodic review to limit Cookies retention to what is strictly necessary.

If requested by you, we will delete or anonymize your Personal Data so that it no longer identifies you unless we are legally allowed or required to maintain certain Personal Data, including situations such as the following:

where we are required to retain Personal Data for our legal, tax, audit, and accounting obligations, we will retain necessary Personal Data for the period required by applicable law; and/or,
where necessary for our legitimate business interests.

6.3. Third-party links and features

Our Website may contain links to third-party websites such as social media sites, and also contain third-party plugins and functionalities. When you click on a link to any other website or location, you will leave our Website and go to another site, and another entity may collect Personal Data or Anonymous Data from you. We are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of users’ information will be subject to the privacy policies of the third-party websites or services and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties. The links to third-party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content, or websites.

6.4. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. We will post the revised version on our Website with an updated revision date if we modify our Privacy Policy. If we make material changes to our Privacy Policy, we may also notify you by other means, such as by posting a notice on our Website or sending you a notification to the last email address you provided to us. Please note that you are responsible for updating your Personal Data and providing us with your most current email address. If the latest email address that you provided to us is not valid or, for any reason, is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided to us prior to our notification to you of the changes. Continued use of our Website, or products, or receiving services, following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

6.5. Children’s privacy

We do not knowingly collect or solicit any Personal Data from anyone under the age of 18. In the event that we learn that we have inadvertently collected Personal Data from a child under the age of 18, we will delete that information promptly. If you believe that we might have collected any information from a child under 18 years old, please contact us (see “Contact us” section) so we can take reasonable steps to delete such Personal Data.

6.6. International transfers

We may transfer your Personal Data among our Affiliates and/or to our authorized distributors and business partners, if required, for the purposes described in this Privacy Policy. This may involve the transfer and storage of your Personal Data to countries outside your home country or region, including outside the European Economic Area if that is your region, which may have a different level of data protection from your home country. Such countries may include, without limitation, the United States and other countries in which we, our Affiliates, or our authorized distributors and business partners maintain facilities. In order to provide adequate protection for the transfer of your Personal Data, we transfer Personal Data by entering into written contractual arrangements (as appropriate) with our Affiliates, authorized distributors, and business partners in respect of such transfers or by relying on other legally approved transfer mechanisms. We take all reasonable technical and organizational measures to safeguard Personal Data we transfer.

By using our Website, products or receiving services, or otherwise providing any Personal Data to us, where applicable law permits, you acknowledge and accept the transfer, processing, and storage of such information outside of your country of residence, where data protection standards may be different.

6.7. Contact us

If you have questions about this Privacy Policy or our privacy practices, submit a privacy request or write to us at:

North American Resellers LLC

848 Prospect St, Suite C, La Jolla, CA 92037, USA

Changes to Flexmonster Software License Agreement