At The Flex Company (“Flex,” “we,” “us”), we recognize and respect your privacy. To demonstrate our commitment, we have developed the privacy policy outlined below (“Privacy Policy”). 

If you have any questions about this Privacy Policy, or the content or practices of our website www.flexfits.com (the “Website”), we encourage you to contact us. This Privacy Policy is intended to describe our practices regarding information that we collect through the Website, or in email, text, and other electronic messages between you and the Website that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household (collectively “Personal Information.”) relating to visitors to the Website, our customers, and prospective customers (“you” or “your”), for what purposes Personal Information may be used, and with whom we may share Personal Information.

This Privacy Policy does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party; or 
• Any third party including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

I. INFORMATION WE COLLECT ABOUT YOU

a) Website Visitors

When you visit our Website (including but not limited to creating an account or ordering products), we collect the identifiers that may, alone or in combination with other information, constitute Personal Information, such as: Name; E-mail; Password; Address; Phone number; Shipping/Billing address; newsletter subscription choice, and method for marketing communication.

We do not collect payment card information in connection with product purchases. Payment card information is processed by a third party vendor. You have no obligation to provide the Personal Information described above, but if you don’t provide such Personal Information, we may not be able to create an account, process your order, or send a newsletter to you. 

Please note that you have the right to opt out of receiving electronic direct marketing communications, such as newsletters, from us. All electronic direct marketing communications that you may receive from us, such as e-mail messages, give you an option of not receiving such communications from us in the future. If you have any additional questions about electronic direct marketing received from us, please contact us at privacy@flexfits.com. 

When you visit our Website, we also use third party software to collect Internet or other electronic network activity information that may, alone or in combination with other information, constitute Personal Information, such as: your domain, your browser and operating system, your IP address, an imprecise geolocation; the date, time, and duration you visited the Website (time stamp); the pages you browsed on the Website; the source page URL used to visit the Website; any search terms used to navigate the Website; products viewed, placed in cart, and/or purchased on the Website; a browsing session ID; and whether you are a first time visitor to the Website.

For additional information about cookies used on the Website, please review the section on USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES below.

b) When You Communicate With Us

When you voluntarily communicate with us on and through the Website, e-mail us, text or by calling our customer service line, we collect identifiers that may, alone or in combination with other information, constitute Personal Information such as: name; phone number; email and physical address; the contents of communications sent to us; and, if you choose to make a purchase, your payment card information.  

You have no obligation to provide the Personal Information described above, but if you do not provide such Personal Information, we may not be able to provide you the assistance that you request.

c) Job Applications

When you apply for an open position on the “Careers” page of the Website, a third party vendor will collect the identifiers that may, alone or in combination with other information, constitute Personal Information such as name, email and physical address, the contents of any submitted resume/CV, the contents of your publicly available professional social media profile information if you submit such links in connection with your application; the contents of your communication with us and any other information you voluntarily choose to submit with your application.

You have no obligation to provide the Personal Information described above, but if you do not provide such Personal Information, we may not be able to respond to your requests.

f) Third-Party Analytics Services
We use third-party analytic services that use cookies and pixels, such as Google Analytics, Facebook Pixels, Amazon, Bing, DSP, Meta, Google Ads, Klaviyo, Pinterest, ShareASale, Snapchat, TikTok.  By using cookies/pixels, such analytic services collect and store data such as time of visit, pages visited, time spent on each page of the Website, the Internet Protocol address, and the type of operating system used in the devices used to access the Website. 

To learn more about how Google uses data when you visit our Website please visit: How Google uses information from sites or apps that use our services – Privacy & Terms – Google. You can opt out from the use of Google Analytics by following the instructions provided at: Google Analytics Opt-out Browser Add-on Download Page.  For more information on the purpose and scope of data collection and processing by Facebook and how to opt-out, please click here.

II.          WHY WE COLLECT PERSONAL INFORMATION ABOUT YOU

We may disclose aggregated information about our users without restriction.  We may also collect, use, and disclose the Personal Information for one or more of the following business purposes:

• To provide and improve our products, and to provide research and analysis to improve our business;
• To our subsidiaries and affiliates;
• To contractors, service providers, and other third parties we use to support our business;
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Flex’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
• To operate and improve our Website, including through analytics to help us understand how you use the Website, so that we can present content in the best manner;
• To identify you and log your use across devices, our website, and third-party sites;
• To make information available to you about any prior purchases completed using the email address for your account if you make purchases on the Website as a visitor and subsequently create an account; 
• To fulfill the purpose for which you provide it (including but not limited to providing products, customer service, and other information that you request from us);
• To communicate with you regarding the Website, this Privacy Policy, or our Terms and Conditions;
• To facilitate our participation in ad networks (including to display relevant or targeted advertising on our Website, through email, and third-party sites);
• To send you direct marketing messages that you have consented to receive;
• For any other purpose disclosed by us when you provide the information with your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• To protect the rights, property, or safety of Flex, our customers or others (including but not limited to identifying and preventing fraud and other unlawful activity, claims and other liabilities);
• To enforce or apply our Website Terms and Conditions and other agreements, including for billing purposes.
• Where permitted by law, to provide you with information about other products and services we offer that are similar to those that you have already purchased or enquired about and we feel may interest you.

III.       SOURCES OF PERSONAL INFORMATION

In the last 12 months, we have collected Personal Information from the following categories of sources:

• You: When you voluntarily provide Personal Information to us;
• Software: Information automatically collected via cookies, web logs, web beacons, and other software-based analytics tools;
• Commercial partners: Information obtained from our commercial partners.

IV.            SHARING PERSONAL INFORMATION

We collect information that may identify, describe, reference, or be capable of being associated with, or reasonably linked, directly or indirectly, with a particular consumer (“Personal Information”).

We may share your Personal Information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the Personal Information confidential, and prohibit using the disclosed information for any purpose except performing the contract. 

We DO NOT share text messaging originator opt-in data and consent; this information will not be shared with any third parties.

XI.          STATE PRIVACY RIGHTS

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. 

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).
• Data portability.
• Opt-out of personal data processing for:
• targeted advertising (excluding Iowa);
• sales; or 
• profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
• Either limit (opt-out of) or require consent to process sensitive personal data. 

The exact scope of these rights may vary by state. To exercise any of these rights please email privacy@flexfits.com.  To appeal a decision regarding a consumer rights request, please email privacy@flexfits.com. 

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to privacy@flexfits.com.  However, please know we do not currently sell data triggering that statute's opt-out requirements.

CALIFORNIA PRIVACY RIGHTS NOTICE TO CALIFORNIA RESIDENTS 

a) Introduction

Pursuant to the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act (“CPRA”) and other California privacy laws, we are providing the following information to visitors, consumers, and others who reside in the State of California.  California Civil Code Section 1798.83 permits the users of the Website who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us at privacy@flexfits.com. 

For a list of categories of Personal Information collected and the purposes for the processing of that Personal Information, please refer to section INFORMATION WE COLLECT ABOUT YOU above.  

b) Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:

• The categories of Personal Information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose for collecting or selling that Personal Information.
• The categories of third parties with whom we share that Personal Information.
• If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
• sales, identifying the Personal Information categories that each category of recipient purchased; and 
• disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. 
• The specific pieces of Personal Information we collected about you (also called a data portability request).

Right to Delete

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: 

• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or de-identify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action. 

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, or to make a request to know or delete on behalf of your child please submit a request by emailing us at privacy@flexfits.com.  Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your Personal Information. 

Verifiable Requests

You may only submit a request to know, correct, or delete twice within a 12-month period. Your request to know, correct, or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. 

Response Timing and Format

We will acknowledge the receipt of requests to know, correct, or delete Personal Information free of charge, via email within ten (10) business days. In order to protect your privacy and the security of Personal Information, we may verify your request by asking you to provide additional Personal Information for us to verify your identity. We will endeavor to respond to a verifiable consumer request within 45 calendar days of receipt, provided that we have been able to successfully verify your identity.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Notice of Financial Incentive

However, if you allow us to collect your email address or phone number (SMS), we may offer you access to select special product offers, discounts, and deals, (“the Program”). If you participate in the Program, we will retain the following categories of your Personal Information:

• Your email address
• Your phone number

Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information's value and contain written terms that describe the program's material aspects. We provide select special product offers, discounts, and deals to consumers who voluntarily provide their contact information to us, because we can use that information to communicate to potential consumers about products or services that they may be interested in.   

Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. 

You have the right to withdraw from the Program at any time, and may exercise that right by responding STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to a text message or clicking the Unsubscribe link in an email. You may also contact us directly by email at privacy@flexfits.com or toll-free at (800) 931-0882 to opt out.

Authorized Agents 

You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney pursuant to Probate Code sections 4000-4465 may submit a request on your behalf.

Business-to-Business Data

In the course of business with vendors, clients, service providers, and others, we may collect personal data from 

California-resident individuals solely because they are actual or potential employees of vendors, clients, or other business partners.  These individuals have the same rights over their personal data as other California consumers.

California Privacy Notice at Collection

This California Privacy Notice is provided as required by the California Consumer Privacy Act of 2018 (“CCPA”) and applies to visitors who reside in the State of California.  

In the past twelve (12) months we have collected the following categories of Personal Information from consumers and disclosed such information to the following categories of third parties for business purposes.  We do not sell your Personal Information. The table also lists for each category, our expected retention period and use purposes. 

XII.        SECURITY OF PERSONAL INFORMATION

We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. Despite these efforts to store Personal Information collected on and through the Website and otherwise by us in a secure operating environment that is not available to the public, we cannot guarantee the security of Personal Information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third-parties such as so-called hackers from illegally obtaining access to Personal Information. We do not warrant or represent that Personal Information about you will be protected against, loss, misuse, or alteration by third parties.

XIII.     DATA RETENTION

 We will only retain Personal Information about you for as long as necessary to fulfill the purposes Personal Information was collected for, including the purposes of satisfying any legal, accounting or reporting requirements. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of Personal Information, the purposes for which we process Personal Information and whether we can achieve those purposes through other means, and applicable legal requirements.

VIII.          LINKS TO OTHER WEBSITES

The Website may contain links to other websites of interest. However, once you have used these links to leave the Website, we do not have any control over third party websites. We cannot be responsible for the protection and privacy of any Personal Information which you provide whilst visiting such sites and such sites are not governed by this Privacy Policy. You should exercise caution and review the privacy policy applicable to the website in question.

XIV.            CHILDREN

The Website is not intended for children under the age of 16 years of age. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 16 years of age. We do not intentionally collect, sell, or process the Personal Information of individuals under 16 years of age.

XV.        FOR RESIDENTS OF THE EUROPEAN ECONOMIC AREA, SWITZERLAND, AND THE UNITED KINGDOM

Legal Basis For Processing Personal Information

The legal bases for our processing of Personal Information about you are as follows:

• Contract: When you purchase a product from us, we collect Personal Information about that is necessary for completing that transaction and delivering the product to you;
• Consent: We obtain your consent to collect Personal Information for distinct purposes such as receiving marketing communications from us. You have the right to withdraw your consent at any time.
• Legitimate Interest: We have a legitimate interest to collect Personal Information about you for certain purposes such as data analytics and the protection and administration of the Website so that we can (i) understand our customers’ preferences and improve the product selection available on the Website; (ii) to protect the Website from information security threats and our Company in connection with legal claims and proceedings; (iii) to communicate administrative changes in connection with the use of the Website; and (iv) to comply with laws that apply to us and the Website.

Your Rights

You have the following rights with respect to the Personal Information we hold about you:

• The right to know what Personal Information we hold about you and ask for copies of that information;
• The right to have incomplete, incorrect, outdated, or unnecessary Personal Information corrected or updated;
• The right to request that we restrict the processing of Personal Information we hold about you in certain circumstances;
• The right to object to the processing of Personal Information we hold about you; 
• The right to ask us to erase or delete your Personal Information in certain circumstances; 
• The right to ask that we transfer Personal Information you have given us to another organization, or to you, in certain circumstances; and/or
• The right to receive any Personal Information we hold about you in a structured and commonly used machine-readable format or have such Personal Information transmitted to another company.

In connection with exercising your rights described above, we may request additional Personal Information for purposes of verifying your identity and for no other purpose. 

Depending on where you live, you may have a right to withdraw consent and lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you. We encourage you to first reach out to us at privacy@flexfits.com so we have an opportunity to address your concerns directly before you do so.

To exercise any of the rights described above, please contact us at privacy@flexfits.com.  We seek to promptly respond to your inquiry.

IX.          USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

As you use our Website and/or any capability, software or service that may be made available through the Website (the “Services”), we collect certain information by automated or electronic means, using cookies and other tracking technologies.  

What are cookies?

Cookies are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identify your browser or device and which are transmitted back to us by your computer(s) or mobile device(s). The information from cookies and related technology is stored in web server logs and also in web cookies kept on your devices, which are then transmitted back to us by your devices.

These cookies are managed by us, our business partners and/or our service providers. For example, when you access the Website and/or the Services, we may place cookies on your computers or mobile devices. Cookies can store information about your registration and your use of the Website and/or the Services. They allow us to provide you with a good experience when you use our Website and/or Services and to recognize you when you return so you will not be required to register again to use the Website and/or Services. Cookies will also track your use of the Website and/or the Services and can help us to detect certain kinds of fraud. Cookies may also be used to provide you with personalized advertisements, including on third-party websites and applications, and to determine the effectiveness of our promotional campaigns.

Some cookies are temporary, whereas others may be configured to last longer. “Session” cookies are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases session cookies once you exit your browser. “Persistent” cookies are more permanent cookies that are stored on your devices even beyond when you exit your browser. We use both types of cookies.

Pixel Tags and Web Beacons
Pixel tags and web beacons are tiny graphic images that may be placed on Website and/or Services that often interact with cookies and allow us to determine whether you have performed specific actions. When you access these pages or open email messages or advertisements, the pixel tags and web beacons generate a notice of that action to a server. Like cookies, these tools are managed by us, our business partners and/or our service providers, and provide functionality similar to cookies.

We use the following types of cookies:

• Strictly necessary cookies. These are cookies that are essential for the operation and security of our Website.
• Analytical/performance cookies. These cookies collect information about how you use our Website. For example, they allow us to recognize and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognize you when you return to our Website and remember the choices you make. This enables us to personalize our content for you and remember your preferences (for example, your choice of language or region).
• Targeting cookies. These cookies record information about your visit to our Website, the pages you have visited and the links you have followed. We will use these cookies to make our Website and the advertising displayed on it and other sites more relevant to your interests. We may also share this information with third parties to help create and deliver advertising personalized to you and your interests.

What is the difference between first and third party cookies?

Cookies may be set by the website you are visiting or by another website prior to or during your visit. These are known as first and third party cookies.

First party cookies
First party cookies belong to the website domain that appears in the browser address bar and we may set these cookies when you visit our Website. Third-party cookies belong to website domains different from the one shown in the address bar.

Third party cookies
When using our Website, you may encounter third party cookies.  Some of these cookies may be used to track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you (“Interest-based Advertising”).

This Cookie Policy does not apply to the cookies, applications, technologies, or websites that are owned and/or operated by third parties, or such third parties’ practices, even if they use or access our technology to store or collect information.  To understand how third parties use cookies, please review their privacy and cookie policies.

Third-Party Analytics Services. Our Website uses Google Analytics, Meta, Amazon, Bing, DSP, Google Ads, Klaviyo, Pinterest, ShareASale, Snapchat, and TikTok services to collect information about how visitors use our Website. We use the information to compile reports and to help us understand and improve our Website and Services. To learn more and to learn how to opt out, please see the “Third-Party Analytics Services” section above. 

We are not responsible for the effectiveness of any opt outs offered by these third parties.

Advertising choices

The companies we work with to provide you with Interest-based Advertising may be participants of the Digital Advertising Alliance (“DAA”) and/or the Network Advertising Initiative (“NAI”). To opt out of receiving Interest-based Advertising from the participating companies, please visit https://www.aboutads.info/choices and https://www.networkadvertising.org/choices/ for website opt outs and https://www.aboutads.info/appchoices for mobile opt outs. Note that opting out through these links only means that the selected participants should no longer deliver Interest-based Advertising to you, but does not mean that the participants will not process your information for Interest-based Advertising purposes or that you will no longer receive Interest-based Advertising from other companies.

Opting out only means that the selected participants should no longer deliver certain targeted ads to you, but does not mean you will no longer receive any targeted ads (e.g., in connection with the participants’ other customers or from other technology services).

How you can manage your cookies

By clicking “ACCEPT” on the cookies banner, you are agreeing to our use of cookies.  If you click “DECLINE”, we will only use the strictly necessary cookies.  We cannot disable strictly necessary cookies.  If you’d like to completely disable the use of cookies or instruct your web browser to refuse cookies, in addition to the opt-out links provided above, please visit the help pages of your web browser.  Please note, however, that if you completely delete or disable cookies, or refuse to accept them, you might not be able to use all of the features we offer and some of our pages might not display properly. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.

Do Not Track

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals.  For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

The Website and mobile application uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

XVI.     CHANGES TO OUR PRIVACY POLICY

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated notice on the Website and update the Last Updated legend at the top of this page. Please check the Website periodically to review such changes in the Privacy Policy.

XVIII.        CONTACT US

If you have any questions or concerns about this Privacy Policy or about the ways in which we collect and use your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at privacy@flexfits.com.