Last modified: June 30, 2024

Consumer Health Data Privacy Policy

This CONSUMER HEALTH DATA PRIVACY POLICY for Washington and Nevada State Residents supplements the information contained in the Privacy Policy  of The Flex Company.  This Consumer Health Data Privacy Policy ("Policy") describes the practices of The Flex Company ("Company" or "We" or “Flex”) for collecting and using consumer health data through its Customer Service and Quality Assurance teams.  Consumer health data is any data that is linked or reasonably linkable to a specific individual and that identifies that individual's past, present, or future physical or mental health status that Company collects or controls the collection of ("consumer health data").

We adopt this notice to comply with the Washington My Health My Data Act and the Nevada Consumer Health Data Privacy Law (collectively “the regulations.”) Any terms defined in the regulations have the same meaning when used in this notice.  In the event of a conflict between any other policy, statement, or notice and this Consumer Health Data Privacy Policy, this policy will prevail as to Consumer Health Data collected.

Please read this Policy carefully to understand our policies and practices regarding your consumer health data and how we will treat it. If you do not agree with our policies and practices, you should not provide any of your health data to us or post such health data in any public forum.

Consumer Health Data We May Collect About You

We only collect consumer health data from you to the extent that you or your agent voluntarily choose to provide it directly to us or indirectly through a public posting.  Depending on the information that you share with us, we may collect and use different types of consumer health data from and about you, such as:

  • Individual health conditions, treatment, diseases, or diagnoses; testing, treatment, or medication; medical interventions; health-related surgeries and procedures, including abortions; use or purchase of prescribed or OTC medication, including abortion medications; or bodily functions, vital signs, symptoms, or measurements of physical or mental health status.
  • Reproductive or sexual health information, which is personal information related to seeking or obtaining past, present, or future reproductive or sexual health services;
  • Data identifying a consumer seeking health care services. Health care services means any service provided to a person to assess, measure, improve, or learn about a person's mental or physical health;
  • Any inferences of the above categories derived, extrapolated, or inferred from non-health information.

Why We Collect and Use Consumer Health Data

We collect and use Consumer Health Data to fulfill the purposes for which you or your agent provided the data or that were described when it was collected, including:

  • As reasonably necessary to facilitate providing customer support services to you;
  • To investigate complaints of suspected adverse events, report on adverse events, and comply with and monitor our regulatory compliance; 
  • To enable your use of the Period Quiz on our website so that we may provide you with recommendations for our menstrual products; and
  • Complying with our legal obligations.

Consumer Health Data Sources

We only collect consumer health data from you or your agent, as follows:

  • Directly from you or your agent, when and if you or your agent choose to voluntarily share information with our Customer Service or Quality Assurance teams;
  • Indirectly from you or your agents through reviews, comments, or other postings left on our website, Amazon.com, any of our social media accounts, or a similar public forum; AND
  • From you, if you choose to voluntarily complete the period quiz located at https://flexfits.com/pages/flex-vs-tampons-quiz

Consumer Health Data Disclosures

We do not sell your consumer health data.

We may disclose any of the consumer health data categories listed above to processors, service providers, and contractors that help us provide our Customer Service and Quality Assurance services.  We instruct these processors, service providers, and  contractors to only use consumer health data as permitted by our contracts with them and consistent with applicable law.

We may also disclose consumer health data to regulators such as the U.S. Food and Drug Administration (FDA) or to law enforcement to the extent required by law.  We may also disclose consumer health data as permitted by applicable law with your consent.

Privacy Rights

You have specific rights with respect to your consumer health data subject to certain exceptions, such as to the extent that doing so would violate the Company’s obligations under federal FDA law, as follows:

  • Request confirmation that we collect, share, or sell your consumer health data.
  • Request access to your consumer health data that we have collected or control, including:
  • a list of all third parties that we have shared or sold your consumer health data to; and
  • the email addresses or other online method to contact those third parties and affiliates.
  • Withdraw your consent for our collection and sharing of your consumer health data.
  • Request that we delete your consumer health data.

To exercise any of your rights set out above under your state consumer health privacy law, please contact us at privacy@flexfits.com

Contact Information

To make an inquiry or comment about this Policy or our privacy practices, contact us at privacy@flexfits.com

Flex reserves the right to amend this policy at any time. If Flex materially changes its privacy practices, our Consumer Health Data Privacy Policy will be updated to reflect these changes and the effective date of our revised policy will be referenced below.