Privacy Policy

This Privacy Policy describes how Flow Carbon Inc. ("Flow Carbon," "we", "us" or "our") handles personal information that we collect through our digital properties that link to this Privacy Policy, including our website (collectively, the "Service"), as well as through social media, our marketing activities, our live events and other activities described in this Privacy Policy.  

Index

Personal information we collect
How we use your personal information
How we share your personal information
Your choices
Other sites and services
Security
International data transfer
Children
Changes to this Privacy Policy
How to contact us
California privacy rights notice
Notice to European users

Personal information we collect

Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:

• Contact data, such as your first and last name, and email address.
• Profile data, such as the wallet address, username and password that you may set to establish an online account on the Service, and any other information that you add to your account profile.
• Communications that we exchange with you, including when you contact us through the Service, social media, or otherwise. 
• Transactional data, such as blockchain transaction history and information relating to or needed to complete your purchase on or through the Service. 
• Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
• Financial data, such as your virtual currency or wallet accounts, stored value accounts, and associated details.
• Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Third-party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

• Public sources, such as public blockchains and ledgers and other publicly available sources.
• Marketing partners, such as joint marketing partners.
• Third-party services, such as virtual currency account services, that you use to log into, or otherwise link to, your Service account. This data may include your username, profile picture, wallet address, and other information associated with your account on that third-party service that is made available to us based on your account settings on that service.

Automatic data collection. We, our service providers, and our business partners may automatically log information about you or your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:

• Device data, such as your computer's or mobile device's operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers, language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
• Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
• Precise geolocation data when you authorize the Service to access your device's location.

Cookies. Some of our automatic data collection is facilitated by cookies and similar technologies. For more information, see our Cookie Notice.

Data about others. We may offer features that help users invite their friends or contacts to use the Service, and we may collect contact details about these invitees so we can deliver their invitations. Please do not refer someone to us or share their contact details with us unless you have their permission to do so. 

How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Service delivery. We may use your personal information to:

• provide, operate and improve the Service and our business;
• establish and maintain your user profile on the Service;
• facilitate your invitations to friends who you want to invite to join the Service;
• enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in;
• communicate with you about the Service, including by sending announcements, updates, security alerts, and support and administrative messages; and
• provide support for the Service, and respond to your requests, questions and feedback.

Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business.

Marketing. We may send you direct marketing communications. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.  

Compliance and protection. We may use your personal information to:

• comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
• protect our, your or others' rights, privacy, safety or property (including by making and defending legal claims); 
• audit our internal processes for compliance with legal and contractual requirements or our internal policies; 
• enforce the terms and conditions that govern the Service; and 
• prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.  

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.  

To create anonymous, aggregated or de-identified data. We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business. 

Cookies and similar technologies. We may use these for the purposes outlined in the "Cookie Notice." 

Retention. We retain Personal Information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period for Personal Information, we consider factors such as the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the Personal Information we have collected about you, we will either delete it, anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), securely store it and isolate it from further processing until deletion is possible. If we anonymize your Personal Information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection.

• Affiliates. Our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.
• Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, and website analytics). 
• Cryptocurrency platforms. Any information collected necessary to complete a transaction (such as your wallet address) is collected and processed directly by your chosen cryptocurrency platform, such as MetaMask. Please review the privacy policies for the relevant cryptocurrency platform to learn how they may use your personal information.]
• Third parties designated by you. We may share your personal data with third parties where you have instructed us or provided your consent to do so.  
• Business and marketing partners. Third parties with whom we jointly offer products or services, or whose products or services may be of interest to you.
• Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.
• Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above. 
• Business transferees. Acquirers and other relevant participants in business transactions (or negotiations of or due diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Flow Carbon or our affiliates (including, in connection with a bankruptcy or similar proceedings).  
• Other users and the public. Your profile may be visible to other users of the Service and the public. For example, other users of the Service or the public may have access to your information if you chose to make your profile or other personal information available to them through the Service. This information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by others (e.g., search engines), and we are not responsible for any such use of this information.]

Your choices

Access or update your information. If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account. 

Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.

Cookies. For information about cookies employed by the Service and how to control them, see our Cookie Notice. 

Do Not Track. Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" or similar signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Other sites and services

The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. 

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Users in the United Kingdom, Switzerland, and the European Economic Area ("EEA") should read the important information provided below about transfer of personal information outside of the European Union.

Children

The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child's parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

How to contact us

• Email: privacy@flowcarbon.com 
• Mail: 88 University Place New York NY 10003
• Phone: +1- 908-793-8359

California privacy rights notice

This section describes how we collect, use, and share Personal Information of California residents in our capacity as a "business" under the California Consumer Privacy Act ("CCPA") and their rights with respect to that Personal Information. For purposes of this section, the term "Personal Information" has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA. In some cases, we may provide a different privacy notice to certain categories of California residents, such as job applicants, in which case that notice will apply instead of this section.

Your California privacy rights. California residents have the rights listed below under the CCPA. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law. 

• Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:

• The categories of Personal Information that we have collected.
• The categories of sources from which we collected Personal Information.
• The business or commercial purpose for collecting and/or selling Personal Information.
• The categories of third parties with which we share Personal Information.
• 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.

• Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months. 
• Deletion. You can ask us to delete the Personal Information that we have collected from you.
• Opt-out of sales. You can opt-out of any sale of your Personal Information. 
• Opt-in. If we know that you are 13-15 years of age, we will ask for your affirmative authorization to sell your Personal Information before we do so.
• Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.  

Exercising your right to information, access and deletion. You may submit requests to exercise your right to information, access or deletion via email to privacy@flowcarbon.com.
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We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

Flow Carbon has not sold personal information in the preceding 12 months.

We will need to verify your identity to process your information, access and deletion requests and reserve the right to confirm your California residency. To verify your identity, we may require government identification, a declaration under penalty of perjury or other information.

Your authorized agent may make a request on your behalf upon our verification of the agent's identity and our receipt of a copy of a valid power of attorney given to your authorized agent pursuant to California Probate Code Sections 4000-4465. If you have not provided your agent with such a power of attorney, you must provide your agent with written and signed permission to exercise your CCPA rights on your behalf, provide the information we request to verify your identity, and provide us with confirmation that you have given the authorized agent permission to submit the request. 

Personal information that we collect, use and disclose. The chart below summarizes the Personal Information we collect by reference to the categories of Personal Information specified in the CCPA (Cal. Civ. Code §1798.140), and describes our practices currently and during the 12 months preceding the effective date of this Privacy Policy. The terms in the chart refer to the categories of information, sources, purposes and third parties described above in this Privacy Policy in more detail. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below. 

Notice to European users

The information provided in this "Notice to European users" section applies only to individuals in the United Kingdom, Switzerland, and the European Economic Area (hereafter collectively referred to as "Europe").

Personal Information. References to "Personal Information" in this Privacy Policy are equivalent to "personal data" governed by European data protection legislation. Essentially, it boils down to information about an individual, from which that individual is either directly identified or can be identified. It does not include 'anonymous data' (i.e., information where the identity of individual has been permanently removed). The Personal Information that we collect from you is identified and described in greater detail in the section Personal Information we collect.

Controller. Flow Carbon Inc. is the controller of your Personal Information covered by this Privacy Policy for purposes of European data protection legislation. See the Contact Us section above for contact details.

EU/UK Representative. Our data protection representative in the United Kingdom is Sidney Uderani.

Legal bases for processing. We use your Personal Information only as permitted by law. The European data protection legislation requires us to ensure we have a "legal basis" for each purpose for which we collect your Personal Information. Our legal bases for processing the Personal Information described in this Privacy Policy are described in the table below:

• Where we need to perform a contract that we are about to enter into, or have entered into, with you ("Contractual Necessity").
• Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests ("Legitimate Interests"). More detail about the specific legitimate interests pursued in respect of each purpose we use your Personal Information for is set out in the table below.    
• Where we need to comply with a legal or regulatory obligation ("Compliance with Law").
• Where we have your specific consent to carry out the processing for the Purpose in question ("Consent"). Generally, we do not rely on your Consent as a legal basis for using your Personal Information other than in the context of direct marketing communications.

We set out below, in a table format, the legal bases we rely on in respect of the relevant purposes for which we use your Personal Information. 

Use for new purposes. We may use your Personal Information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your Personal Information for an unrelated purpose, we will notify you and explain the applicable legal basis. 

Sensitive Personal Information. We ask that you not provide us with any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the services, or otherwise to us. If you provide us with any sensitive Personal Information to us when you use the services, you must consent to our processing and use of such sensitive Personal Information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive Personal Information, you must not submit such sensitive Personal Information through our services.

Automated Decision-Making and Profiling. We may use automated decision-making and/or profiling in regard to your Personal Information for some services and products, for example [Insert relevant examples, such as automatic refusal of an online credit application or being automatically rejected when applying for a job through an online platform, logic used and consequences for the user]. You can request a manual review of the accuracy of an automated decision that you are unhappy with or limit or object to such automated decision-making and/or profiling by contacting us at privacy@flowcarbon.com.

Your rights. European data protection laws give you certain rights regarding your Personal Information. If you are located in Europe, you may ask us to take the following actions in relation to your Personal Information that we hold:

• Right of access: You can ask us to provide you with information about our processing of your Personal Information and give you access to your Personal Information.
• Right to rectification: If the Personal Information we hold about you is inaccurate or incomplete, you are entitled to request to have it rectified.
• Right to erasure: You can ask us to delete or remove your Personal Information where there is no lawful reason for us continuing to store or process it, where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law.
• Right to restrict processing: You can ask us to suspend the processing of your Personal Information if: (i) you want us to establish the data's accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Right to object: Where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. 
• Right to data portability: You have the right, in certain circumstances, to ask us to provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Right to withdraw consent at any time: Where we are relying on consent to process your Personal Information you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. 

Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process the Personal Information or where certain exemptions apply. If we decline your request, we will tell you why, subject to legal restrictions.

To exercise any of these rights, please contact us using the contact details provided above. We may request specific information from you to help us confirm your identity and process your request.

Although we urge you to contact us first to find a solution for every concern you may have, you always have the right to lodge a complaint with your competent data protection authority. You can find your data protection regulator here.  

Cross-border data transfer. We may transfer your Personal Information to recipients outside of the EEA and/or the UK. Some of these recipients are located in countries in respect of which either the European Commission and/or UK Government (as and where applicable) has issued adequacy decisions, in which case, the recipient's country is recognized as providing an adequate level of data protection under UK and/or European data protection laws (as applicable) and the transfer is therefore permitted under Article 45 of the GDPR.Some recipients of your Personal Information may be located in countries outside the EEA and/or the UK for which the European Commission or UK Government (as and where applicable) has not issued adequacy decisions in respect of the level of data protection in such countries ("Restricted Country"). For example, the United States is a Restricted Country. When we transfer your Personal Information to a recipient in a Restricted Country, we will either:

• enter into appropriate data transfer agreements based on the EEA or UK Standard Contractual Clauses (as applicable) as approved from time-to-time by the European Commission under Article 46 of the GDPR, the UK Information Commissioner's Office or UK Government (as and where applicable); or
• rely on other appropriate means permitted by the EEA/UK GDPR, which establish that such recipients will provide an adequate level of data protection and that appropriate technical and organizational security measures are in place to protect Personal Information against accidental or unlawful destruction, loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing.

You may ask for a copy of such appropriate specific data transfer mechanism by contacting us using the contact details above.