FluxWare

Privacy Policy

At Fluxware, we are committed to protecting your Personal Data and to providing clear and transparent disclosures about the types of information we collect and how we use it.

For your further visits to our website and your use of our webapp, we would like to inform you about data collection, processing and use when visiting and using our website and webapp. As well as objection, revocation, and other rights to which you are entitled as a person affected by data collection and use.

We would like to ask you to read this policy along with our Cookie Policy.

In principle, we will only use your Personal Data in accordance with the applicable data protection laws, in particular the UK`s Data Protection Act ("DPA") and the EU`s General Data Protection Regulation ("GDPR"), and only as described in this Privacy Policy.

General Information

a) What is Personal Data?

Personal Data is any information relating to personal or material circumstances that relates to an identified or identifiable individual. This includes, for example, your name, date of birth, e-mail address, postal address, or telephone number as well as online identifiers such as your IP address. In contrast, information of a general nature that cannot be used to determine your identity is not Personal Data. This includes, for example, the number of users of a website.

b) What is processing?

"Processing" means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and covers virtually any handling of data.

c) Responsible for data processing

Responsible for data processing is Fluxware LTD of 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX ("Fluxware", "we", "us", or "our"). We act as the data controller and ask you to direct all questions about your Personal Data directly to us using our Contact Form.

d) The Legal Bases for processing Personal Data

In accordance with the above-mentioned laws, we have to have at least one of the following legal bases to process your Personal Data:

  • you have given your consent,
  • the data is necessary for the fulfilment of a contract / pre-contractual measures,
  • the data is necessary for the fulfilment of a legal obligation or
  • the data is necessary to protect our legitimate interests, provided that your interests are not overridden.

General Principles

a) Security

Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us.

You can recognise an encrypted connection if the address line of your browser contains a "https://" instead of a "http://" and also has a lock symbol. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

We have also implemented numerous security measures ("technical and organisational measures") for example encryption or need to know access, to ensure the most complete protection of Personal Data processed through this website.

Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion.

Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.

b) Minors

We do not request Personal Data from minors and children and do not knowingly collect such data or pass it on to third parties.

c) Automated decision-making

Automated decision-making is the process of making a decision by automated means without any human involvement. Automated decision-making including profiling does not take place.

d) Do Not Sell

We do not sell your Personal Data.

e) Special Category Data

Unless specifically required when using our services and consent is obtained for that particular service, we do not process special category data.

f) International Transfer

We may transfer your Personal Data to other companies and/or business partners as necessary for the purposes described in this Privacy Policy specifically Pakistan to our development and technical support team. In doing so, your Personal Data may be transferred to so called third countries. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organisational measures to protect the Personal Data we transfer.

g) Where and how long is your data stored?

We process and store your Personal Data on our MongoDB, Inc. Cloud Server only to achieve the respective processing purpose or for as long as a legal retention period exists (in particular the UK`s commercial and tax law for up to 6 years). Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.

h) Sharing and Disclosure

We will not disclose or otherwise distribute your Personal Data to third parties unless this is a) necessary for the performance of our services, b) you have consented to the disclosure, c) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings; as required by law or regulation; if Fluxware (or a part of Fluxware) is sold to or merged with another company; or proceedings at home or abroad or to fulfil our legitimate interests.

Data we collect automatically

a) Collection of access data and log files

We also collect data on every access to our platform. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for security reasons (e.g., for the clarification of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is necessary for evidentiary purposes is exempt from deletion until the respective incident is finally clarified. The legal basis for the data processing is our legitimate interest in providing an appealing platform.

b) Use of cookies

We use so-called cookies on our web site. Cookies are small text files that are stored on your respective device (PC, smartphone, tablet, etc.) and saved by your browser. For further information please refer to our Cookie Policy. The legal basis for the use of cookies is your consent as well as our legitimate interest.

c) reCAPTCHA

We also use Google LLC`s reCAPTCHA to check whether data input is made by a human being or by an automated program. For this purpose, reCAPTCHA analyses the behaviour of the website visitor on the basis of various characteristics. This analysis begins automatically as soon as the website visitor enters the website. The legal basis for the data processing is our legitimate interest in providing a secure and spam free website.

Data from third party sources

We may obtain data about you from third-party sources, such as our marketing partners, social networks, and other third parties. We may use this data to better analyse your user behaviour to improve our ability to provide you with relevant marketing information and services, and to prevent and combat fraud.

Data we collect directly

a) General

We may ask you for Personal Data when you:

  • use our website and webapp,
  • request services, support, or information,
  • participate online or otherwise in marketing activities,
  • interact with us on third-party social networking sites (subject to the terms of use and privacy policies of said third parties), or
  • contact us.

Categories of Personal Data we collect may include your name, email address, and IP addresses. We may also collect demographic data such your interests, and preferences.

In order to provide you with a more consistent and personalised user experience in your interactions with Fluxware, data collected through one source may also be linked to other data collected by Fluxware through other sources. This may include data that helps us identify you when you access our website through several different devices.

b) Contacting us

Personal Data is processed depending on the contact method. In addition to your name and e-mail address, IP address or telephone number, we usually collect the context of your message which may also include certain Personal Data. The Personal Data collected when contacting us is to handle your request and the legal basis is both your consent and Contract.

We are present on social media on the basis of our legitimate interest. If you contact or connect with us via social media platforms, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contractual service, if any.

c) Account Registration

If you register, we will request mandatory and, where applicable, non-mandatory data in accordance with our registration form. The entry of your data is encrypted so that third parties cannot read your data when it is entered. The basis for this storage is our legitimate interest in communicating with registered users and, in the case of contracts, also the storage of contract data.

Alternatively, you are able to sign up using the convenience log in and sign up from GitHub. For GitHub log in and sign up, you will be asked to provide your basic information (i.e., name, email address, and display picture) linked to your account. If granted, your username and password will be auto generated to fill in the rest of required user data. When registering via GitHub, you agree to the relevant terms and conditions and consent to certain data from your respective profile of being transferred to us.

d) When using our services

We process the data of our registered users in order to be able to provide our contractual services as well as to ensure the security of our services and to be able to develop it further. This includes in particular our support, correspondence with you, invoicing, fulfilment of our accounting and tax obligations. Accordingly, the data is processed on the basis of fulfilling our contractual obligations as well as to fulfil our legal obligations. The legal basis for the data processing is the fulfilment of our contractual obligations and, in individual cases, the fulfilment of our legal obligations as well as your consent. We only disclose your data to third parties within the scope of the applicable law to the extent that this is necessary for the aforementioned purposes or for the fulfilment of legal obligations or your consent.

In order to provide services and technical support, we may also engage other service providers and third parties and provide access to our employees and independent contractors who are involved in providing the services so that they can identify, analyse, and resolve errors. We ensure that access by our employees to your service data is only available on a need-to-know basis, restricted to specific individuals, and is logged and audited. Our employees will also have access to data that you knowingly share with us for technical support or to import data into our products or services. We communicate our privacy and security guidelines to our employees and enforce privacy safeguards strictly.

e) Credit/Debit Cards and Crypto Payments

Payment by credit card and debit card is made via the payment service providers Stripe and crypto payment via BitPay to which you pass on your payment details during the checkout, for payment processing. The legal basis for the provision of a payment system is the establishment and implementation of the user contract for the use of the service.

f) Administration, financial accounting, office organisation, contact management

We process data in the context of administrative tasks as well as organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The purpose and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e., tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services.

g) Marketing

Insofar as you have also given us your consent to process your Personal Information for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.

You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission, or sometimes your consent is implied from your interactions or contractual relationship. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving marketing communication based on your interactions or contractual relationship with us.

Our Marketing generally takes the form of e-mail but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent by us or on our behalf will include a means by which you may unsubscribe or opt out.

Your Rights and Privileges

a) Privacy rights

Under the DPA and the GDPR, you can exercise the following rights:

  • The right to access -- You have the right to request copies of your Personal Data. We may charge you a small fee for this service.
  • The right to rectification -- You have the right to request that we correct any information you believe is inaccurate. You also have the right to request us to complete the information you believe is incomplete.
  • The right to erasure -- You have the right to request that we erase your Personal Data, under certain conditions.
  • The right to restrict processing -- You have the right to request that we restrict the processing of your Personal Data, under certain conditions.
  • The right to object to processing -- You have the right to object to our processing of your Personal Data, under certain conditions.
  • The right to data portability -- You have the right to request that we transfer the data that we have collected to another organisation, or directly to you, under certain conditions.

If you have any questions, please contact us.

b) Updating your information

If you believe that the information, we hold about you is inaccurate or request its rectification, deletion, or object to its processing, please do so by contacting us.

c) Withdrawing your consent

You can withdraw consents you have given at any time by contacting us.

d) Access Request

In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

e) Complaint to a supervisory authority

You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. The Information Commissioner`s Office (ICO) is located at Wycliffe House, Water Ln, Wilmslow SK9 5AF, UK www.ico.org.uk.

Changes

We may update this Privacy Policy from time to time. If we make changes to this Privacy Policy or materially change our use of your Personal Data, we will revise the Privacy Policy accordingly.

Questions?

If you have any questions about the processing of your Personal Data, please contact us using our Contact Form.

Effective Date

This Privacy Policy was last updated on Thursday, 23 February 2023.