Privacy Statement

For Website Users and Clients

Last Modified: December 20, 2019

Overview

FlexBusinessPortal.com (together with its affiliates, “FlexPortal”, “we” or “us”) is committed to respecting your privacy and the privacy of the information in your account. That is why we have established this Privacy Policy. Our intention is to treat your information with utmost care and consideration. If you have questions or concerns regarding this statement, you should contact FlexPortal as outlined below.

We want you to know that we are not in the business of selling or renting individuals’ personal data to other companies for any purpose.

This Privacy Policy describes what information is gathered when you are on FlexPortal’s site, and when you use FlexPortal’s services, and how FlexPortal uses or discloses such information in connection with the Services as described in the FlexPortal Terms of Service (“Terms of Service”). This Privacy Policy applies exclusively to use of the Services through the FlexPortal site www.FlexBusinessPortal.com (the “Site”). This policy does not cover or apply to the practices of any third-party organizations that use our services on their websites, Builders (as defined in the Terms of Service) that you or your organization may engage, as described more specifically in the Terms of Service, information collected offline, or to other third parties outside the control of FlexPortal.

Additional privacy policies may also apply to FlexPortal customers who are located in countries other than the United States, including countries which are member states of the European Union. FlexPortal complies with the EU-US Privacy Shield Framework and the General Data Protection Regulation (“GDPR”) when processing or transferring personal data from the European Union to countries or territories outside of the European Union.

Collection and Use of Your Account Information

This section of the Privacy Policy applies to information that FlexPortal collects, maintains, uses and discloses in connection with your FlexPortal Account (the “Account Information”). FlexPortal collects personally identifiable information when you register for a FlexPortal account, information on forms requesting information, support, or product and service information, and when you subscribe to our newsletter. FlexPortal may also use personally identifiable information about you which is publicly available. FlexPortal only makes available your Account Information to its employees, agents and contractors who require such information in order to perform services for or on behalf of FlexPortal, or as otherwise permitted by applicable law. By using the Services and your Account, you acknowledge and consent to FlexPortal’s collection, maintenance, use and disclosure of your Account Information as described in this Privacy Policy.

FlexPortal may collect and use the following personally identifiable information: your name, title, phone number, email address, mailing address, website URL, employer or company. You also have the option of supplying us with your occupation, and type of business or industry. Additionally, when you sign up for a FlexPortal paid service, we collect your billing information, including your credit card number, expiration date, and billing address. From time to time, FlexPortal may aggregate and de-identify this Account Information for FlexPortal’s business and related purposes; however, FlexPortal will never disclose your identifiable Account Information to third parties for commercial or other purposes not permitted by this Privacy Policy.

FlexPortal also automatically receives and records information on our server logs from your browser including your IP address, browser type, referrer page, domain name, access time, entry page, exit page, operating system type, and search engine keywords used. Additionally, if you have chosen to receive email communications, you will receive our infrequent news and announcements. You may update or change your Account Information with FlexPortal at any time by logging into your Account and updating such information.

We mainly use the Account Information we collect to bill you for the Services, measure our business success, to identify the most effective ways to reach you, to more effectively meet your needs and requests for certain new product features and services, and to contact you about product upgrades. We may use your Account Information in order to provide you with support which you have requested in connection with your Account and the Services, or to identify services or products that we may provide at your request. To the extent permitted by applicable law, we may also use and disclose your Account Information (1) if required by court order, legal process or applicable law, (2) in connection with suspension, termination or expiration of the Terms of Service as set forth in the Terms of Service; and (3) as necessary to enforce or defend FlexPortal intellectual property or other rights, as necessary in connection with legal action, or in exigent circumstances to protect the safety of FlexPortal, FlexPortal customers or the public.

Collection and Use of Customer Data Hosted by FlexPortal

This section of the Privacy Policy addresses how FlexPortal may collect, process, store, use and disclose the data which you may create, maintain, use or disclose in connection with your Account (“Customer Data”). In order to provide the Services, FlexPortal hosts and processes Customer Data in connection with your Account. By creating, maintaining, using or disclosing Customer Data in connection with the Service and your Account, you acknowledge that you are the owner or that you otherwise have the right, authority or consent to control such Customer Data and to authorize FlexPortal and its employees, agents and contractors to take such actions with respect to Customer Data as described in this Privacy Policy.

Except as otherwise described in this Privacy Policy or the Terms of Service, Customer Data in your Account is not accessible to anyone, unless you choose to make it accessible. FlexPortal facilitates and provides tools for you to securely manage access to and use of your Customer Data, including sharing such information on a FlexPortal website or making such information available to an End User. However, you, and only you, control whether and what Customer Data to create, maintain, use or disclose in connection with your Account and any corresponding FlexPortal website. You are solely responsible for granting access to End Users, publishing, sharing, updating or deleting such Customer Data in your Account. FlexPortal is not responsible for any such access to, activities, use or disclosure involving Customer Data, regardless of how or by whom such occurs.

In limited circumstances, FlexPortal or its employees, agents and contractors may have access to, use or disclose Customer Data in order to provide the Services. The following are some of the more common (but not exhaustive) circumstances under which FlexPortal, and its employees, agents and contractors may have access to, use or disclose Customer Data in order to provide the Services:

1. To host, process, conduct data backups and maintenance, upgrades, debugging, troubleshooting, programming and other related administrative or technical activities required to provide the Services;
2. To conduct security activities related to preventing, detecting, investigating and responding to security incidents, threats or vulnerabilities, implementing security safeguards and controls and other activities related to security;
3. To respond to or provide support and related activities which you have requested in connection with your Account and the Services, or which you have otherwise consented to;
4. In response to court orders, legal process, or as otherwise required by applicable law. We will notify you and provide you with the opportunity to seek protection against disclosure in accordance with the terms and conditions set forth in the Terms of Service;
5. In connection with suspension, termination or expiration of the Terms of Service as set forth in the Terms of Service, or as necessary to resolve any dispute related to the Terms of Service; or
6. When we act under exigent circumstances, to the extent permitted by applicable law, to protect the safety of customers or the public.

FlexPortal will only make available Customer Data to its employees, agents or contractors who have a need to know or access in order to provide services to or on behalf of FlexPortal as described in the Privacy Policy. FlexPortal will never use or disclose Customer Data for marketing, advertising or other similar commercial purposes.

Collection and Use of Customer Data Subject to Regional Data Protection Laws

In certain circumstances, customers may have Customer Data which is subject to additional local, national, regional or international data protection laws (“Data Protection Laws”), including but not limited to (i) the Health Insurance Portability and Accountability Act and its related regulations, as amended from time to time (“HIPAA”), which governs “covered entities” and their “business associates” as each term is described by HIPAA; and (ii) the GDPA, which governs “data controllers”, “data processors” , and the processing of “personal data”, as each term is described by the GDPR. Because FlexPortal cannot independently determine whether and to what extent a customer or Customer Data is subject to such Data Protection Laws, you must (1) notify and obtain FlexPortal’s consent to use the Services in connection with any such Customer Data, and (2) enter into a written HIPAA Business Associate Agreement (“HIPAA BAA”), Regional Data Processing Addendum or other written addendum with FlexPortal, as applicable. You must complete both actions prior to creating, maintaining, using or disclosing any such data in connection with your Account. Failure to comply with this section and the Terms of Service may result in suspension or termination of your Account in FlexPortal’s sole discretion.

FlexPortal and its employees, agents and subcontractors may only access, maintain, use and disclose such as permitted by the terms and conditions of the applicable written addendum. This includes, but is not limited to, access, use or disclosure in order to provide the Services and as described in this Privacy Policy. If a use or disclosure of Customer Data described in this Privacy Policy would be prohibited by such addendum, including but not limited to a HIPAA BAA or Regional Data Processing Addendum, such addendum will control with respect to such use or disclosure.

Children and Privacy

This Site does not offer information intended to attract children. We do not knowingly solicit personal information from children under the age of 13. In fact, the Terms of Service Agreement expressly prohibits children under the age of 13 from using FlexPortal’s services.

Cookies

Cookies are identifiers usually sent through your browser to reside temporarily or permanently on your computer’s hard drive. The Site and FlexPortal services use cookies tied to personally identifiable information for their operation. Certain services and functionalities will not work if you disable cookie functions on your browser.

FlexPortal uses Google Analytics for the Site. Google Analytics collects information about visitors to the Site through a first-party cookie and JavaScript code. Google Analytics anonymously tracks how our visitors interact with this Site, including where they came from, what they did on the site, and whether they completed any transactions on the site such as news registration.

In providing services to our clients, it is FlexPortal’s policy to use cookies only when necessary to maintain the identity of the user in a given session. The cookie information does not include personal data such as name, age, phone number, e-mail address or mailing address. Most browsers are initially set up to accept cookies. If you would prefer, you can set your browser to reject cookies, however this may interfere with your usage of some of the services offered by FlexPortal’s clients. FlexPortal’s clients use customized JavaScript code provided by FlexPortal to contact FlexPortal’s servers, to receive a form or application, to load an image or content, or to submit and update information.

Links to Other Websites

Our website contains links to information on other websites. We do not have any control over these other websites, and therefore we cannot be responsible for the protection and privacy of any information that you provide while visiting those sites. THOSE SITES ARE NOT GOVERNED BY THIS PRIVACY POLICY, and if you have questions about how a site uses your information, you should consult that site’s Privacy Policy.

In certain circumstances, FlexPortal facilitates your ability to publish or share data or materials through other websites. You are solely responsible for any data or materials which you publish or share with other websites in connection with your FlexPortal account. By publishing or sharing data or materials with other websites, you represent that you are the owner of such data or materials, or that you have the right or authority to publish or share such data or materials. FlexPortal is not responsible for any data or materials which may be published or shared with other websites. Any content which may be published to your FlexPortal Live Application will by default be available to anyone with whom you share the URL of your FlexPortal.com Application. You can protect these pages by requiring any of your End Users to login before viewing any published data.

Security

For both security and privacy purposes, your FlexPortal account is password protected. You are responsible for safeguarding your FlexPortal account password and for any uses of your FlexPortal account, whether by you or another individual.

FlexPortal implements privacy, security and other data protection controls and mechanisms to safeguard against unauthorized access to or disclosure of Account Information and Customer Data. FlexPortal also conducts routine data backups to protect the availability of Account Information and Customer Data. All communications between your Account and FlexPortal servers are encrypted with an industry-standard Secure Socket Layers protocol, and your own applications and data pages can be deployed securely using SSL at no extra charge. Customer Data is encrypted at minimum with AES-256 or a reasonable industry alternative.

Surveys

From time to time FlexPortal may invite you to participate in online surveys that FlexPortal or a third party may administer. These surveys are optional, and may include personal information such as name and email address. They may also include questions about your experience with this Site and the FlexPortal services and their specific features. Such surveys are meant to help us better understand the needs and requirements of our customers so we can continue improving this Site, our products and our services. The results of these surveys may be shared in aggregate format with third parties.

Deactivating Your Account

To deactivate your Account you must login securely to the administration section of your Account and click “Cancel Subscription”. This is the only mechanism through which you may delete your Account. Once your Account is deleted, any data or materials, application schemas, personally identifiable information, and Customer Data maintained in connection with such account cannot be recovered. You are solely responsible for creating and retaining any copies of such data or materials which are created or maintained in connection with your Account prior to deletion of your account. FlexPortal is not responsible for lost or deleted data or materials regardless of how such loss or deletion occurs.

Testimonials

From time to time, we post customer testimonials on this Site that may include their name, logo, graphic, sound or image. We obtain customer consent prior to posting their testimonials on this site. We are not responsible for the personal information a user elects to disclose in their testimonial.

Builder Chat

We provide support chat capabilities on the Site through a third party agent. When offline, such chat service records your inquiry, which requires disclosure of your email address to facilitate a response to you. This personal information is not used for promotional purposes. You are responsible for not disclosing any confidential or proprietary information in connection with a chat.

Material Changes and Your Consent

By using this Site and the FlexPortal services, you consent to the collection and use of the information you provide to us as outlined in this Privacy Policy. We reserve the right to make changes to this Privacy Policy at our sole and absolute discretion, and we may do so from time to time and without notice. Should we make material changes to the manner in which your collected personal information is utilized, we shall post a prominent notice on the Site, notify you by email of the applicable changes and/or publish those changes on this page, and your continued use of this Site and any FlexPortal services shall constitute your acceptance of such changes and the revised Privacy Policy and your agreement to be legally bound thereby.

Privacy Policy for Users of Websites Operated by FlexPortal Clients

We ask each of our clients to abide by all applicable laws, rules and regulations, as we promise our clients that we will do ourselves. We also recommend that each client, as applicable, obtain all necessary consents from visitors to its website(s), post an online privacy policy that provides each visitor with notice of its data collection and use practices (including such client’s use of FlexPortal’s services), and provide a link to this Privacy Policy. FLEXPORTAL’S CLIENTS’ WEBSITES ARE NOT GOVERNED BY THIS PRIVACY POLICY.

Comments and Suggestions

To contact us regarding this Privacy Policy, please contact us at https://www.FlexPortal.com/contact.