FlavorCloud Privacy Notice

Welcome and thank you for your interest in FlavorCloud, Inc. (“FlavorCloud”, “we”, “our” or “us”). FlavorCloud is a cloud-based cross border logistics platform that powers international shipping. FlavorCloud makes international shipping and returns easy, affordable and friction-free, enabling retailers and brands in any part of the world go global.

This Privacy Notice explains how information about you, that directly identifies you, or that makes you identifiable (“personal information”) is collected, used and disclosed by FlavorCloud when you use our mobile application (the “App”), our website https://flavorcloud.com/ (the “Site”), and other online products and services that link to this Privacy Notice (collectively, the “Service”).

GLOBAL APPLICABLITY AND REGION-SPECIFIC DISCLOSURES

This Privacy Notice is designed to apply to our Site visitors, users of our Services and other companies and users on a global basis. We may choose or be required by law to provide additional disclosures relating to the processing of personal information in certain countries, regions or states. Please refer below for disclosures that may be applicable to you:

• California: If you are a resident of California, please click here for additional California-specific privacy disclosures, including a description of the personal information rights made available to California residents under applicable law.
• European Economic Area, United Kingdom or Switzerland: If you are located in the European Economic Area (“EEA”), United Kingdom or Switzerland, or otherwise engage with FlavorCloud’ European operations, please see the Privacy Disclosures for the European Economic Area, United Kingdom and Switzerland for additional European-specific privacy disclosures, including what constitutes your personal information, the lawful bases we rely on to process your personal information, how we use cookies when you access our Sites from the EEA, UK or Switzerland and your rights in respect of your personal information.

Click on the links below to jump to each section:

1. Our Role in Processing Personal Information
2. Information We Collect and Our Use
3. How We Share Personal Information
4. Control Over Your Information
5. How We Use Cookies and Other Tracking Technology to Collect Information
6. Links to Third-Party Websites and Services
7. Third Party Tracking and Online Advertising
8. Children’s Personal Information
9. Changes to Privacy Notice
10. Contact Us

1. OUR ROLE IN PROCESSING PERSONAL INFORMATION

Data protection laws sometimes differentiate between “controllers” and “processors” of personal information. A “controller” determines the purposes and means (the why and how) of processing personal information. A “processor,” which is sometimes referred to as a “service provider,” processes personal information on behalf of a controller subject to the controller’s instructions.

This Privacy Notice describes our privacy practices where we are acting as the controller of personal information. However, this Privacy Notice does not cover or address how our customers may process personal information when they use our services, or how we may process personal information on their behalf in accordance with their instructions where we are acting as their processor. As a result, we recommend referring to the privacy notice of the customer with which you have a relationship for information on how they engage processors, like us, to process personal information on their behalf. In addition, we are generally not permitted to respond to individual requests relating to personal information we process on behalf of our customers, so we recommend directing any requests to the relevant customer.

2. INFORMATION WE COLLECT AND OUR USE

We typically collect personal information from businesses and their customers (the consumers) in connection with the use of our Service. This collection includes information that you may provide in connection with the Service, information from third parties, and information that is collected automatically such as through the use of cookies and other technologies.

Information That You Provide

We collect personal information from you. The categories of information we collect can include:

• Account Sign Up. We collect personal and/or business information that you provide when you register for an account to use our Service, including the FlavorCloud platform. This information may include your first name, last name, company email, phone number, password, billing and warehouse information, and tax ID. We use this information to administer your account, provide you with the relevant services and information, communicate with you regarding your account, the Service, and for customer support purposes.
• XB AI. When you use our XB AI platform, we will collect and process all information—including personal information—that you input into XB AI. If you login with an account, we may also process all other information described in this Notice, including any information stored in your account that is necessary for XB AI to provide you with answers to your queries and prompts. Use of XB AI is also subject to the AI Addendum located in our Terms of Service.    
• Shipping Information. During the checkout process, we request the business information such as warehouse, email address, and any other shipping information required to facilitate the Service such as the company customer’s email, address, phone, and order information (order value, order items and quantity and descriptions of products. We use this information to administer the Service, including facilitate customs clearance and returns.
• Payment Information. If you sign up for our Service, we collect the company information provided in connection with your payment, such as billing information and history. Please note that we use third party payment processors to process payments made to us. As such, we do not retain any personally identifiable financial information such as credit card or ACH (bank account) numbers. Rather, all such information is provided directly by you to our third-party processor, including PayPal, and Stripe. The payment processor’s use of your personal information is governed by their privacy notice. The review their privacy policy:
  • PayPal: https://www.paypal.com/myaccount/privacy/privacyhub
  • Stripe: https://stripe.com/privacy
• Marketing Emails and Blog Subscription. If you sign up to receive news or alerts from us we collect your email and applicable interests and communication preferences in order to send you regular updates about the Service.  We use this information to manage our communications with you and send you information about products and services we think may be of interest to you.  To unsubscribe from promotional messages, please follow the instructions within our messages and review the Control Over Your Information section below. Note that you cannot unsubscribe from certain services-related email communications (e.g., account verification, confirmations of transactions, technical or legal notices).
• If you communicate with us through any paper or electronic form, including phone calls, we may collect your name, email address, mailing address, phone number, or any other personal information you choose to provide to us. When you contact us via phone, with your consent, we may record our conversations. We use this information to investigate and respond to your inquiries, and to communicate with you, to enhance the services we offer to our users and to manage and grow our organization.

You are free to choose which personal information you want to provide to us or whether you want to provide us with personal information at all. However, some information, such as your name, address, payment transaction information, and information on your requested services may be necessary for the performance of our contractual obligations.

Automatic Data Collection

As is true of most digital platforms, we and our third-party providers and partners collect certain personal information automatically when you visit or interact with our websites and other online services:

• Log Data: Including your internet protocol (IP) address, operating system, browser type, browser ID, the URL you entered and the referring page/campaign, date/time of your visit, the time you spent on our services and any errors that may occur during your visit to our services. Please note that our systems may also record personal information that you type into our websites and other online services even if you do not choose to submit it.
• Analytics Data: Including the electronic path you take to our services, through our services and when exiting our services, as well as your usage and activity on our services, such as the links, objects, products and benefits you view, click or otherwise interact with (also known as “Clickstream Data”).  Our emails may also contain tracking pixels that identify if and when you have opened an email that we have sent you, how many times you have read it and whether you have clicked on any links in that email. This helps us measure the effectiveness of our marketing email campaigns, make the emails we send to you more relevant to your interests and to understand if you have opened and read any important administrative emails we might send you.
• Location Data: Including your general geographic location based on the Log Data we collect.

For information about our, and our third-party providers and partners’, use of cookies and related technologies to collect information automatically on our online services, and the choices you may have in relation to those practices, please visit our How We Use Cookies and Other Tracking Technologies sections of our Privacy Notice.

Information from Third Party Sources

We may receive personal information about you from our business partners and service providers and combine this information with other data we collect from you.  The third parties may include website and service operators, payment processors, marketing partners, and shipping providers. The information may include contact information, demographic information, information about your      communications and related activities, and information about your orders.  We may use this information to administer and facilitate our services, your subscriptions, and our marketing activities.

• Third Party App Integration. You may be able to download our app through one of our partner platforms, such as Shopify and BigCommerce. We will have access to certain information from those third parties in accordance with the authorization procedures determined by those third parties, including, for example, your company name and site url.

Other Uses of Personal Information

In addition to the uses described above, we may collect and use personal information for the following purposes:

• For our business activities, including to operate the Service and to provide you with the features and functionality of the Service;
• To communicate with you and respond to your requests, such as to respond to your questions, contact you about changes to the Service, and communicate about account related matters;
• For analytics and research purposes;
• To enforce our Terms of Service, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties;
• To comply with contractual and legal obligations and requirements;
• To fulfill any other purpose for which you provide personal information; and
• For any other lawful purpose, or other purpose that you consent to.

 

3. HOW WE SHARE PERSONAL INFORMATION

We may also share, transmit, disclose, grant access to, make available, and provide personal information with and to third parties, as described below.

• Service Providers. We share personal information with third party carriers and service providers who perform services on our behalf, which are subject to reasonable confidentiality terms, and which may include processing payments, shipping partners, providing web hosting services, technology support providers, email communications providers, analytics providers, data storage providers, and web and video hosting providers and developers.
• To Ad Networks and Advertising Partners. We work with third-party ad networks and advertising partners to deliver advertising and personalized content on our services, on other websites and services, and across other devices. These parties may collect information automatically from your browser or device when you visit our websites and other services through the use of cookies and related technologies. This information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.
• To Other Businesses as Needed to Provide Services. We may share personal information with third parties you engage with through our services or as needed to fulfill a request or transaction including, for example, payment processing services.
• Corporate Transaction. We may transfer any information we collect in the event we sell or transfer all or a portion of our business or assets (including any shares in the company) or any portion or combination of our products, services, businesses and/or assets. Should such a transaction occur (whether a divestiture, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, or similar transaction or proceeding), we will use reasonable efforts to ensure that any transferred information is treated in a manner consistent with this Privacy Notice.
• Legal Requirements. We may share your information with third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or other agreements or to protect the security or integrity of the FlavorCloud services, including to prevent harm or financial loss, or in connection with preventing fraud or illegal activity; and/or (c) to exercise or protect the rights, property, or personal safety of FlavorCloud, our Customers, consumers, or others.

4. CONTROL OVER YOUR INFORMATION

• Email Communications. From time to time, we may send you emails regarding updates to our Service, products or services, notices about our organization, or information about products/services we offer (or promotional offers from third parties) that we think may be of interest to you.  If you wish to unsubscribe from such emails, simply click the “unsubscribe link” provided at the bottom of the email communication.  Note that you cannot unsubscribe from certain services-related email communications (e.g., account verification, confirmations of transactions, technical or legal notices).
• Modifying Account Information. If you have an online account with us, you have the ability to modify certain information in your account (e.g., your contact information) through the “profile," "account," "settings," or "preferences” options provided on the If you would like to request access to, or correction or deletion of personal information, you may send your request to us at the email provided below. We will review your request, and may require you to provide additional information to identify yourself, but we do not promise that we will be able to satisfy your request.

 

5. How We Use Cookies and Other Tracking Technology to Collect Information

We, and our third-party partners, automatically collect certain types of usage information when you visit our Site or App, read our emails, or otherwise engage with us.  We typically collect this information through a variety of tracking technologies, including cookies, embedded scripts, location-identifying technologies, and similar technology (collectively, “tracking technologies”).

We, and our third-party partners, use tracking technologies to automatically collect usage and device information, such as:

• Information about your device and its software, such as your IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to uniquely identify your browser or your account (including, for example, a persistent device identifier or an Ad ID), and other such information.
• We may collect analytics data or use third-party analytics tools to help us measure traffic and usage trends for the services and to understand more about the demographics of our users.

We use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the app; (b) provide custom, personalized content and information (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our services; (f) diagnose or fix technology problems; and (g) otherwise to plan for, and enhance our services.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Service, as some features and services on our Service may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.

Depending on your browser or mobile device, you may be able to set your browser to delete or notify you of cookies and other tracking technology by actively managing the settings on your browser or mobile device.

We and our third-party partners may also use cookies and tracking technologies for advertising purposes.  For more information about tracking technologies, including your choices regarding this technology, please see  below.

6. Third-Party Tracking and Online Advertising

We engage third parties to help us facilitate targeted advertising designed to show you personalized ads based on predictions of your preferences and interests developed using personal information we maintain and personal information our third-party partners obtain from your activity over time and across nonaffiliated websites and other services. The data we and our third-party partners use for purposes of facilitating targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research, are primarily collected through the use of a variety of automatic data collection technologies, including cookies, web beacons, pixels, embedded scripts, mobile SDKs, location-identifying technologies and logging technologies. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help link the personal information we and our third-party partners collect to the same person, or otherwise target advertising to an individual on a third-party website or platform.

In addition to taking the steps set forth in the How We Use Cookies and Other Tracking Technology to Collect Information section above, you may be able to further exercise control over the advertisements that you see by leveraging one or more targeted advertising opt-out programs. For example:

• Device-Specific Opt-Out Programs: Certain devices provide individuals the option to turn off targeted advertising for the entire device (such as Apple devices through their App Tracking Transparency framework or Android devices through their opt out of ads personalization feature). Please refer to your device manufacturer’s user guides for additional information about implementing any available device-specific targeted advertising opt-outs.
• Digital Advertising Alliance: The Digital Advertising Alliance allows individuals to opt out of receiving online interest-based targeted advertisements from companies that participate in their program. Please follow the instructions at https://optout.aboutads.info/?c=2&lang=EN for browser-based advertising and https://www.youradchoices.com/appchoices for app-based advertising to opt out of targeted advertising carried out by our third-party partners and other third parties that participate in the Digital Advertising Alliance’s self-regulatory program.
• European Interactive Digital Advertising Alliance: The European Interactive Digital Advertising Alliance similarly allows individuals to opt out of receiving online interest-based targeted advertisements from companies that participate in their program. Please follow the instructions at https://www.youronlinechoices.eu to opt out of browser-based targeted advertising carried out by our third-party partners and other third parties that participate in the European Interactive Digital Advertising Alliance’s program.
• Network Advertising Initiative: The Network Advertising Initiative similarly allows individuals to opt out of receiving online interest-based targeted advertisements from companies that participate in their program. Please follow the instructions at https://optout.networkadvertising.org/?c=1 to opt out of browser-based targeted advertising carried out by our third-party partners and other third parties that participate in the Network Advertising Initiative’s self-regulatory program.
• Platform-Specific Opt-Out Programs: Certain third-party platforms provide individuals the option to turn off targeted advertising for the entire platform (such as certain social media platforms). Please refer to your platform provider’s user guides for additional information about implementing any available platform-specific targeted advertising opt-outs.

Please note that when you opt out of receiving interest-based advertisements through one of these programs, this does not mean you will no longer see advertisements from us or on our services.  Instead, it means that the online ads you do see from relevant program participants should not be based on your interests.  We are not responsible for the effectiveness of, or compliance with, any third parties’ opt-out options or programs or the accuracy of their statements regarding their programs. In addition, program participants may still use automatic data collection technologies to collect information about your use of our services, including for analytics and fraud prevention as well as any other purpose permitted under the applicable advertising industry program.

7. CHILDREN’s PERSONAL Informaton

Our Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 16. If an individual is under the age of 16, they should not use our Services or otherwise provide us with any personal information either directly or by other means. If a child under the age of 16 has provided personal information to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal information from our systems. If we learn that any personal information we collect has been provided by a child under the age of 16, we will promptly delete that personal information..

8. Links to Third-Party Websites and Services

For your convenience, our Service may provide links to third-party websites or services that we do not own or operate. We are not responsible for the practices employed by any websites or services linked to or from the services, including the information or content contained within them. Your browsing and interaction on any other website or service are subject to the applicable third party’s rules and policies, not ours. If you are using a third-party website or service, you do so at your own risk. We encourage you to review the privacy policies of any site or service before providing any personal information.

9. Changes to Privacy Notice

We reserve the right to change this Privacy Notice from time to time in our sole discretion.  We will notify you about material changes in the way we treat personal information by sending a notice to the primary email address specified in your Dray Alliance account, by placing a prominent notice on our Site, or through other appropriate communication channels.  It is your responsibility to review this Privacy Notice periodically. All changes shall be effective from the date of publication unless otherwise provided.

10. Contact Us

For additional inquiries about this Privacy Notice, please send us an email at privacy@flavorcloud.com or contact us at:

FlavorCloud, Inc.

2226 Harvard Ave E

Seattle, WA 98102

 

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CALIFORNIA PRIVACY DISCLOSURES

These disclosures supplement the information contained in our Privacy Notice by providing additional information about the privacy rights available to individual California residents and our personal information processing practices relating to those individuals. For a detailed description of how we collect, use, disclose, and otherwise process personal information, please read our Privacy Notice.

 

These disclosures apply solely to personal information related California residents (“data subjects” or “you”) and provide additional information about how we collect, use, disclose and otherwise process such personal information, either online or offline, as required under applicable law.

 

Unless otherwise expressly stated, all terms in these California Privacy Disclosures have the same meaning as defined in our Privacy Notice.

California Categories of Personal information

California law requires we provide disclosures to you about what personal information we collect by reference to the enumerated categories of personal information set forth within California law. To address this obligation, we have identified the relevant enumerated California personal information category for the personal information described in the Information We Collect And Our Use section of our Privacy Notice below:

• Identifiers, such as name, company email address, phone number, account username and password, billing and warehouse information, tax ID, IP address, and other similar identifiers.
• Customer records, such as credit/debit card information, bank account, or other payment information.
• Commercial information, such information about products or services purchased or considered, whether you used a particular coupon code or promotion, and information about your use of the Services.
• Internet / network information, such as your browsing history, log and analytics data, search history, and information regarding your interaction with our website.
• Geolocation data, such as information about your physical location collected from geolocation features on your device, including your IP address and GPS (e.g., latitude and/or longitude).
• Sensory information, such as the content and audio recordings of phone calls between you and FlavorCloud and/or you and our service providers, that we record where permitted by law.
• Professional / employment information, such as employer or business.
• Sensitive personal information, such as account name and password, and credit/debit card number plus expiration data and security code (CVV).
• Other Personal information, such as information and content you post to the Services and other information you submit to us, including inquiry and communication information when you contact us.
• Inferences, such as information generated from your use of the Services reflecting predictions about your interests and preferences.

Personal Information Disclosures, Sales and Targeted Advertising

We disclose all of the categories of personal information we collect to the categories of recipients set forth in the How We Share Personal information section of our Privacy Notice. Our disclosure of personal information to the following categories of third parties qualifies as the sale of personal information or the sharing or processing of personal information for the purpose of displaying advertisements that are selected based on personal information obtained or inferred over time from an individual’s activities across businesses or distinctly-branded websites, applications, or other services (otherwise known as “targeted advertising” or “cross-context behavioral advertising”) under certain privacy laws:

• Advertising networks and social networks: we may share device identifiers, a hashed identifier (such as a hashed email address), cookie ID or other internet/network information; inferences about your interests and preferences, for the purpose of displaying targeted advertisements.

 

• Advertising partners to market services you may be interested in: we may share a device identifier, a hashed identifier (such as a hashed email address), cookie ID or other internet/network information; pseudonymous identifier, inferences about your interests and preferences.

 

• [CATEGORY OF THIRD PARTY IF APPLICABLE]: [Description of data shared].

You may be able to limit or opt-out of the sale of personal information or the processing of personal information for purposes of targeted advertising (as described in the Your California Privacy Choices section below).

Please note we do not sell the personal information of individuals we know to be less than 16 years of age or share such information for targeted advertising purposes.

Sensitive Personal information

The following personal information elements we collect may be classified as “sensitive” under California law:

• Account log-in, financial account, debit card or credit card number in combination with any required security or access code, password or credentials allowing access to an account.

We only use or disclose sensitive personal information where reasonably necessary and proportionate for the purposes of providing products and performing services you have requested, verifying and improving the products and services we provide, detecting security incidents, fraud, and other illegal actions, ensuring the physical safety of natural persons, performing services on behalf of the business, or short-term transient use. We only collect and process sensitive personal information without the purpose of inferring characteristics about the relevant individual, and we do not sell sensitive personal information or process or otherwise share sensitive personal information for the purpose of targeted advertising.

Deidentified Information

We may at times receive, or process personal information to create, deidentified information that can no longer reasonably be used to infer information about, or otherwise be linked to, a particular individual or household. Where we maintain deidentified information, we will maintain and use the information in deidentified form and not attempt to reidentify the information except as required or permitted by law.

Automated Decision-Making and Profiling

We do not conduct automated processing of personal information for the purposes of evaluating, analyzing, or predicting an individual’s personal aspects in furtherance of decisions that produce legal or similarly significant effects. As a result, we do not provide a right to exercise control over such forms of automated decision-making and profiling.

Your California Privacy Choices

Subject to certain legal limitations and exceptions, you may be able to exercise some or all of the following rights:

• Right to Know: The right to confirm whether we are processing personal information about you and to obtain certain personalized details about the personal information we have collected about you, including:
  • The categories of personal information collected;
  • The categories of sources of the personal information;
  • The purposes for which the personal information were collected;
  • The categories of personal information disclosed to third parties (if any), and the categories of recipients to whom this personal information were disclosed;
  • The categories of personal information shared for targeted advertising purposes (if any), and the categories of recipients to whom the personal information were disclosed for these purposes; and
  • The categories of personal information sold (if any) and the categories of third parties to whom the personal information were sold.
• Right to Access & Portability: The right to obtain access to the personal information we have collected about you and, where required by law, the right to obtain a copy of the personal information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
• Right to Correction: The right to correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information.
• Right to Opt-Out of Targeted Advertising

 

• Right to Deletion: The right to have us delete personal information we maintain about you.

You also have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise the above rights. However, the exercise of the rights described above may result in a different price, rate or quality level of product or service where that difference is reasonably related to the impact the right has on our relationship or is otherwise permitted by law.

Submitting Privacy Rights Requests

Please submit a request specifying the right you wish to exercise by:

• Emailing us at privacy@flavorcloud.com; or
• Calling our toll-free U.S. telephone number: [NUMBER].

 

To exercise your right to opt-out as it relates to the use of cookies and related technologies that involve the sale of personal information or the use of personal information for targeted advertising purposes, please [click the “Cookie Settings” link in the footer of the website and adjust your preferences accordingly.] If you are visiting our site with the Global Privacy Control enabled, any cookies that constitute sales or are used for targeted advertising should already be turned off automatically in our cookie preference manager. Please note this opt-out tool is website, device, and browser specific, so you will need to change your preferences on each device and browser you use to interact with the specific website you are visiting. In addition, you can also opt-out of cookie-based sales by businesses that participate in the Digital Advertising Alliance’s CCPA Opt-Out Tool by visiting https://www.privacyrights.info/. Lastly, you may follow the other steps set forth in the Third-Party Tracking and Online Advertising section of our Privacy Policy to further exercise control over automatic data collection technologies.

Before processing your request to exercise certain rights (including the Right to Know, Access & Portability, Correction, and Deletion), we will need to verify your identity and confirm you are a resident of a state that offers the requested right(s). In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. As a result, we require requests submitted through our online form and toll-free number to include first and last name, email address, phone number, state of residency and/or the date of your last transaction with us.

In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or where you are not a resident of one of the eligible states.

Submitting Authorized Agent Requests

In certain circumstances, you are permitted to use an authorized agent to submit requests on your behalf through the designated methods set forth above where we can verify the authorized agent’s authority to act on your behalf. In order to verify the authorized agent’s authority, we generally require evidence of either (i) a valid power of attorney or (ii) a signed letter containing your name and contact information, the name and contact information of the authorized agent, and a statement of authorization for the request. Depending on the evidence provided and your state of residency, we may still need to separately reach out to you to confirm the authorized agent has permission to act on your behalf and to verify your identity in connection with the request.

 

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PRIVACY DISCLOSURES FOR THE EUROPEAN ECONOMIC AREA, UNITED KINGDOM AND SWITZERLAND

While we are primarily based in the United States, FlavorCloud maintains operations in Europe and may direct our services to individuals located in the European Economic Area (“EEA”), United Kingdom and Switzerland, including through our Site https://flavorcloud.com/ (collectively, our “European Services”).  The following disclosures (“Privacy Disclosures”) apply to our processing of personal data in connection with our European Services.

FlavorCloud, Inc., a company duly incorporated and organised under the laws of United States of America, having its registered address at 1517 12th Ave, Seattle, WA 98122, is the “data controller” responsible for the processing of personal data in connection with our European Services. This means that we determine and are responsible for how your personal information is used.

Personal Data:  When we use the term “personal data” in this section, we mean information relating to an identified or identifiable natural person.

1. PERSONAL DATA WE COLLECT FROM YOU WHEN YOU USE THE FLAVORCLOUD EUROPEAN SERVICES, AND HOW WE USE IT

We collect the categories of personal data that you voluntarily submit directly to us when you use the European Services, as set forth in our Privacy Notice under the section entitled Information We Collect and Our Use. The table at Annex 1 sets out in detail the categories of personal data we collect about you and how we use that information when you use the European Services, as well as the legal basis which we rely on to process the personal information and recipients of that personal information.

2. INFORMATION WE COLLECT ABOUT YOU AUTOMATICALLY

We also automatically collect personal information indirectly about how you access and use the European Services, and information about the device you use to access the European Services. For example, we may collect:

1. information about the features you use and the pages you view on the European Services;
2. information about your device (such as your IP address, device identifier, device type, model and manufacturer); and
3. information about your usage patterns (such as how often you use the FlavorCloud European Services and your language settings).

We use this information to provide you the features and functionality of the European Services, to monitor and improve the European Services and to develop new services.

The table at Annex 2 sets out further information about the categories of personal information we collect about you automatically and how we use that information. The table also lists the legal basis which we rely on to process the personal information and recipients of that personal information.

We may link or combine the personal information we collect about you and the information we collect automatically.

We may anonymise and aggregate any of the personal information we collect (so that it does not directly identify you). We may use anonymised information for purposes that include testing our IT systems, research, data analysis, improving the FlavorCloud European Services. We may also share such anonymised and aggregated information with others.

3. HOW LONG WILL WE STORE YOUR PERSONAL INFORMATION

We will usually store the personal information we collect about you for no longer than necessary for the purposes set out in Annex 1 and Annex 2, in accordance with our legal obligations and legitimate business interests.

The criteria used to determine the period for which personal information about you will be retained varies depending on the legal basis under which we process the personal information:

• Legitimate Interests. Where we are processing personal information based on our legitimate interests, we generally will retain such information for a reasonable period of time based on the particular interest, taking into account the fundamental interests and the rights and freedoms of data subjects.
• Where we are processing personal information based on your consent, we generally will retain the information until you withdraw your consent, or otherwise for the period of time necessary to fulfil the underlying agreement with you or provide you with the applicable service for which we process that personal information.
• Where we are processing personal information based on contract, we generally will retain the information for the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the statute of limitations for legal claims that could arise from the contractual relationship.
• Legal Obligation. Where we are processing personal information based on a legal obligation, we generally will retain the information for the period of time necessary to fulfil the legal obligation.
• Legal Claim. We may need to apply a “legal hold” that retains information beyond our typical retention period where we face threat of legal claim.  In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved.

In all cases, in addition to the purposes and legal bases, we consider the amount, nature and sensitivity of the personal information, as well as the potential risk of harm from unauthorised use or disclosure of your personal information.

RECIPIENTS OF PERSONAL INFORMATION

In addition to the recipients listed in Annexes 1 and 2, we may also share your personal information with the following (as required in accordance with the uses set out in Annexes 1 and 2):

• Service providers and advisors: we may share your personal information with third party vendors and other service providers that perform services for us or on our behalf, which may include providing professional services, such as legal and accounting services, mailing, email or chat services, fraud prevention, web hosting, or providing analytic services.
• Affiliates. Other companies owned by or under common ownership as FlavorCloud, including our subsidiaries (i.e., any organisation we own or control) and our ultimate holding company (i.e., any organisation that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under these Privacy Disclosures.
• Purchasers and third parties in connection with a business transaction: your personal information may be disclosed to third parties in connection with a transaction, such as a merger, sale of assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business.
• Law enforcement, regulators and other parties for legal reasons: we may share your personal information with third parties as required by law or if we reasonably believe that such action is necessary to (i) comply with the law and the reasonable requests of law enforcement; (ii) detect and investigate illegal activities and breaches of agreements, including our Terms; and/or (iii) exercise or protect the rights, property, or personal safety of FlavorCloud, its users or others.

5. MARKETING AND ADVERTISING

From time to time we may contact you with information about our services, including sending you marketing messages and asking for your feedback on our services. Most marketing messages we send will be by email. For some marketing messages, we may use personal information we collect about you to help us determine the most relevant marketing information to share with you.

Where we rely on consent to send you marketing communications, we will only send you such messages if you have given us your consent to do so. You can withdraw your consent at a later date by clicking on the unsubscribe link at the bottom of our marketing emails or by updating your preferences via your account on the Site.

6. STORING AND TRANSFERRING YOUR PERSONAL INFORMATION

Security. We implement appropriate technical and organisational measures to protect your personal information against accidental or unlawful destruction, loss, change or damage. All personal information we collect will be stored by our cloud hosting provider on secure servers. We will never send you unsolicited emails or contact you by phone requesting credit or debit card information or national identification numbers.

International Transfers of your Personal Information. The personal information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations. If you are located in the EEA, United Kingdom or Switzerland, your personal information may be processed outside of those regions, including in the United States.

In the event of such a transfer, we ensure that: (i) the personal information is transferred to countries recognised as offering an equivalent level of protection; or (ii) the transfer is made pursuant to appropriate safeguards, such as standard data protection clauses adopted by the European Commission.

If you wish to enquire further about these safeguards used, please contact us using the details set out at the end of these Privacy Disclosures.

7. YOUR RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION

In accordance with applicable privacy law, you have the following rights in respect of your personal information that we hold:

• Right of access. You have the right to obtain:
  1. confirmation of whether, and where, we are processing your personal information;
  2. information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods;

• information about the categories of recipients with whom we may share your personal information; and

1. a copy of the personal information we hold about you.

• Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
• Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.
• Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.
• Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.
• Right to withdraw consent. There are certain circumstances where we require your consent to process your personal information. In these instances, and if you have provided consent, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information before your withdrawal.

You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case.  You can object to marketing activities for any reason.

You also have the right to lodge a complaint to your local data protection authority. If you are based in the European Union, information about how to contact your local data protection authority is available here. If you are based in the UK or Switzerland, your local data protection authorities are the UK Information Commissioner's Office (https://ico.org.uk/global/contact-us/) and the Swiss Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact/address.html).

If you wish to exercise one of these rights, please email us at privacy@flavorcloud.com.

Due to the confidential nature of data processing we may ask you to provide proof of identity when exercising the above rights. This can be done by providing a scanned copy of a valid identity document or a signed photocopy of a valid identity document.

8. COOKIES AND SIMILAR TECHNOLOGIES USED ON OUR EUROPEAN SERVICES

Our European Services uses cookies and similar technologies such as pixels and Local Storage Objects (LSOs) like HTML5 (together "cookies") to distinguish you from other users of our European Services. This helps us to provide you with a good experience when you browse our European Services and also allows us to monitor and analyse how you use and interact with our European Services so that we can continue to improve our European Services. It also helps us and our advertising partners to determine products and services that may be of interest to you, in order to serve you targeted advertisements.

Cookies are pieces of code that allow for personalisation of our European Services experience by saving your information such as user ID and other preferences. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes.

We use the following types of cookies:

1. Strictly necessary cookies. These are cookies that are required for the operation of our European Services. They include, for example, cookies that enable you to log into secure areas of our European Services.

Please see Annex 3 for more information about the cookies we use on the European Services.

Other than strictly necessary cookies, which are required for the operation of our European Services, we will only place cookies on your device if you give us your consent to do so. We will ask you to tell us which cookies you agree to receive when you first access our European Services.

Most browsers also allow you to change your cookie settings to block certain cookies. Depending on your mobile device and operating system, you may not be able to delete or block all cookies.  Please note that if you choose to refuse all cookies you may not be able to use the full functionality of our European Services. These settings will typically be found in the "options" or "preferences" menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the "Help" option in your browser for more details.

Cookie settings in Internet Explorer

Cookie settings in Firefox

Cookie settings in Chrome

Cookies settings in Safari web and iOS.

If you would like to find out more about cookies and other similar technologies, please visit www.allaboutcookies.org. or the Network Advertising Initiative's online sources at www.networkadvertising.org. We and our third-party partners may also use cookies and tracking technologies for advertising purposes.

Please note that deleting or blocking cookies may not be effective for all types of tracking technologies, such as Local Storage Objects (LSOs) like HTML5.

9. TRACKING TECHNOLOGIES USED IN OUR EMAILS

Our emails may contain tracking pixels that identify if and when you have opened an email that we have sent you, how many times you have read it and whether you have clicked on any links in that email. This helps us measure the effectiveness of our marketing email campaigns, make the emails we send to you more relevant to your interests and to understand if you have opened and read any important administrative emails we might send you.

Most popular email clients will allow you to block these pixels by disabling certain external images in emails. You can do this through the settings on your email client – these generally give you the option of choosing whether emails will display "remote images", "remote content" or "images" by default.

Some browsers also give you the option of downloading and installing extensions that block pixels and other tracking technologies.