PRIVACY POLICY & DATA SECURITY

Last Updated: April 26, 2022

This Privacy Policy discloses the practices of Flexpa USA, Inc. (“Flexpa,” “we,” “us,” or “our”) concerning the Personal Information (as defined below) we obtain by and through your use of the Flexpa website, Flexpa API Package, Flexpa Customer Application, and Flexpa Services, (collectively, “Online Services”).  Flexpa is committed to respecting your privacy and recognizing your need for appropriate protection and management of Personal Information you share with us.  The purpose of this Privacy Policy is to explain the types of information Flexpa obtains about users of the Online Services, how the information is obtained, how it is used, how it is disclosed, how you can get access to this information, and the choices you have regarding our use of, and your ability to review and correct, the information.  By using the Online Service, you are accepting and consenting to the use of your information as described in this policy.  If you do not agree with this Privacy Policy, do not access or use the Online Services.  Please review this Policy carefully.  

This policy is supplemental to, and forms an integral part of, the Flexpa USA Services Agreement (“Services Agreement”), and is effective upon its incorporation into the Service Agreement.  The terms of this policy shall follow the Services Agreement.  Defined terms not defined in the Privacy Policy shall have the same definition as in the Services Agreement.  

  1. YOUR RESPONSIBILITIES

Within the scope of the Services Agreement and in its use of the Online Services, End Users (as defined in the Services Agreement) shall be responsible for complying with all requirements that apply to it under applicable data protective, privacy, and security laws with respect to your processing and transmittal of information to Flexpa.  You acknowledge and agree that you shall be solely responsible for:

  1. WHAT WE MEAN BY PERSONAL INFORMATION

For purposes of this Privacy Policy, Personal Information means both Personal Identifiable Information and Personal Health Information.

“Personal Identifiable Information” means any information from or about a person or household that either identifies a person directly or that makes a person identifiable when it is combined with other information from or about that person from any source, such as the person’s name, address, email, phone number, or social security number.  

“Personal Health Information” means any information from or about a person that identifies a person and was created or received by a healthcare provider or a health plan, including information related to the person’s physical or mental health or condition, health care services that the person receives, or a health plan’s payment for these services, such as the person’s name, address, telephone number, health insurance information, Medicare Beneficiary number, or financial information.  

  1. WHAT INFORMATION WE COLLECT ABOUT YOU

We collect information about you when you provide it to us, when you use our Online Services, and when other sources provide it to us, as further described below.  

Information that is necessary for the use of Flexpa and its Online Services

We ask for and collect the following Personal Information about you when you use the Online Services, including transferring any such information to a third party to facilitate the Online Services.  This information is necessary to perform the contract between you and us. This information is also necessary for us to comply with various legal obligations.  If you choose not to provide this information, we cannot provide you with access to the Online Services.

Information you provide to us

At any point you may choose to provide us with additional personal information in order to obtain a better user experience when using the Online Services. This additional information will be processed based on our legitimate interest or when applicable, your consent.  You may otherwise choose to provide us information when you fill in a form, update or add information to your account, respond to surveys, post to community forums, participate in promotions, communicate with our customer care or support team, share your experience with us, or use other features of the Online Services.

Information we collect automatically when you use the Online Services

When you use the Online Services, we automatically collect certain information about your usage of the Online Services and how you use the Online Services. This information is necessary to ensure the best Online Services experience is available to you as well as enable us to comply with any applicable legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Online Services.

Information we receive from third parties in connection with the Online Services

Please note that we use certain third-party service providers and business partners on the Online Services to enhance your experience or deliver certain services.  Such third parties include the Flexpa Client or Customer that interacts directly with the End User.  These third parties may collect Personal Information in performing their services and/or functions on the Online Services.  

  1. HOW WE USE YOUR INFORMATION

We use your information for various purposes depending on the types of information we have collected from and about you, in order to:

We may aggregate and/or anonymize information collected through the Online Services so that such information does not identify you as the source of the information. We may use such information to improve the Online Services, by and through any third-party we use to integrate Online Services with the users’ database, for research.

  1. DATA SUBJECT RIGHTS AND YOUR CHOICES

You have certain rights with respect to your information as further described in this section.

If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “Contact Information” at Section 12.  Your local laws (e.g., in California) may permit you to request that we:

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

  1. THIRD PARTY LINKS

The Online Services contain links to third-party websites. If you choose to use these sites or features, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. We are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your 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.

  1. DATA SECURITY

We use commercially reasonable administrative, technical, and physical measures to safeguard your information in our possession against loss, theft and unauthorized use, disclosure or modification.  While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.  In the unlikely event of a data breach, you will be notified as soon as reasonably possible, in accordance with applicable law. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information.

  1. DATA RETENTION

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

We reserve the right to retain any Personal Information as long as the Personal Information are needed to: (i) fulfill the purposes that are described in Section 4 and (ii) comply with applicable law

  1. SHARING OF INFORMATION

In certain circumstances, we share personal information with third parties where disclosure is necessary in connection with the delivery and offering of the Online Services to you and the operation of our business.  These third-party service providers are required to protect personal information we share with them and may not use any directly identifying personal information other than to provide the services for which we have contracted them.  They are not allowed to use the personal information we share for purposes of their own direct marketing (unless you have separately consented to such use under the terms provided by the third party).  Any information shared will be governed by the third-party provider’s privacy policy (including any Personal Information we may access via the third-party provider).  These third-party providers should inform you about how you can modify your privacy settings on their sites.

In certain situations, we may be required to disclose personal information in response to lawful requests by government authorities.  We may disclose personal information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe it is necessary in order to investigate, prevent, or act regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Services Agreement, or as otherwise required by law.

  1. CALIFORNIA REQUIREMENTS

If you are a California resident, there are some additional rights that may be available to you under the California Consumer Protection Act (“CCPA”).  This policy explains the tools that we have made available to you to exercise your data rights under the CCPA, such as the right to deletion and the right to request access to the categories of information we have collected about you.  We encourage you to manage your information, and to make use of the privacy controls we have included in our Services.  You will not be discriminated against for exercising any of your privacy rights under the CCPA.  In order to protect your information from unauthorized access or deletion, we may require you to provide additional information for verification.  If we cannot verify your identity, we will not provide or delete your information.

This policy describes the categories of personal information we may collect, the sources of that information, and our deletion and retention policies.  We’ve also included information about how we may process your information, which includes for "business purposes" under the CCPA - such as to protect against illegal activities, and for the development of new products, features, and technologies. 

  1. CHANGES TO THE PRIVACY POLICY

The effective date of this Privacy Policy is set forth at the top of this page. We may occasionally update this Privacy Policy to reflect company and customer feedback.  We encourage you to periodically review this Privacy Policy to be informed of how we are protecting your information.  We will endeavor to provide you with advanced notice of any material changes to the Privacy Policy.  By continuing to use the Online Services after such changes take effect, you agree to be bound by the modified Privacy Policy.  If any such changes materially alter your rights, we will notify you of these changes, by posting notice on the Flexpa website or by sending you an email to the email address we have on file for you.  We will not make changes that have a retroactive effect unless we are legally required to do so.

  1. CONTACT INFORMATION

If you have questions or complaints regarding this Privacy Policy, please contact us by email at privacy@flexpa.com.