FC Version 1.0
Date of Creation: 08 /20 / 2026
Privacy Policy
THIS PRIVACY POLICY (“PRIVACY POLICY” OR “POLICY”) EXPLAINS HOW FLUENT CONVEYORS, LLC, A COLORADO LIMITED LIABILITY COMPANY DOING BUSINESS AS FLUENT CONVEYORS (“COMPANY” , “WE” , “US” OR “OUR”) MAY GATHER, COLLECT, RECORD, HOLD, DISTRIBUTE, SHARE, DISCLOSE, OR OTHERWISE USE ANY INFORMATION OR DATA ABOUT ANY USER (“USER” OR “YOU” OR “YOUR”) OF THE COMPANY’S WEBSITE AT WWW.fluentconveyors.com (“COMPANY WEBSITE”) OR OF OR FROM ANY OTHER WEBSITE, SITE, PROGRAM, ACTIVITY, TECHNOLOGY PLATFORM, TECHNOLOGY APPLICATION, OR SERVICE OFFERED BY COMPANY OR ANY OF THE COMPANY’S AFFILIATES, AS SUCH TERM IS DEFINED IN SECTION 3 HEREIN (THE COMPANY WEBSITE AND THESE OTHER PROGRAMS, ACTIVITIES, PLATFORM, APPLICATIONS, AND SERVICES ARE COLLECTIVELY REFERRED TO AS “COMPANY PROGRAM(S)”).
BY CONTINUING TO USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM OFFERED BY THE COMPANY, OR BY OTHERWISE CONSENTING TO THE COMPANY’S TERMS OF USE AGREEMENT WITH YOU (HEREINAFTER THE “TERMS OF USE AGREEMENT”), YOU HEREBY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY (INCLUDING WITHOUT LIMITATION YOU HEREBY CONSENT TO ALL OF THE USES OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY) AS THEY ARE PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM.
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS PRIVACY POLICY WILL BE ACCEPTED BY THE COMPANY.
IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, OR YOU DO NOT WISH YOUR PERSONAL INFORMATION TO BE USED PURSUANT TO THIS PRIVACY POLICY, THEN YOU SHOULD NOT USE ANY OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM, AND YOU SHOULD NOT PROVIDE ANY OF YOUR PERSONAL INFORMATION TO THE COMPANY.
WE RESERVE THE RIGHT TO AMEND, UPDATE OR OTHERWISE CHANGE THIS PRIVACY POLICY AS MORE FULLY SET FORTH IN SECTION 11 HEREIN.
THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY, AND YOU SHOULD DOWNLOAD AND PRINT THIS PRIVACY POLICY FOR YOUR RECORDS.
NOTICE ABOUT ARBITRATION AND WAIVER OF CERTAIN RIGHTS IN A DISPUTE WITH THE COMPANY:
YOU ARE HEREBY GIVEN NOTICE THAT PURSUANT TO SECTION 13 OF THIS PRIVACY POLICY, YOU ARE ALSO AGREEING TO THE FOLLOWING, AS MORE FULLY SET FORTH IN SAID SECTION 13:
During a User’s access or use of the Company Website or any other Company Program, the Company may, either directly or by using its Service Providers/Contractors (as defined below), gather, collect, record, hold, distribute, share, disclose, or otherwise use personal information or data about You that You provide to Us, as described in Section 1.1 below, that is automatically collected, as described in Section 1.2 below, or that is collected or received from other sources, as described in Section 1.3 below (hereinafter collectively referred to as the User’s “Personal Information”, subject however, to Section 1.4 herein).
We collect Personal Information that You provide directly to Us, including without limitation any Personal Information You provide during Your use of the Company Website or any other Company Program. For example, We may collect Personal Information from You if You:
In these instances, the following are the types of Personal Information that may be collected from You:
When a User accesses or otherwise uses the Company Website or any other Company Program, We may automatically collect certain Personal Information about You, including:
Thus, Your interactions with these Social Media Activities may be governed by the privacy policies of the third party that is hosting the Social Media Activities (see Section 8 regarding Third Party Sites).
SOME OF THE INFORMATION THAT WE RECEIVE OR COLLECT MAY BE CONSIDERED “SENSITIVE INFORMATION” UNDER APPLICABLE STATE PRIVACY LAWS AND IS BROADLY DEFINED UNDER CERTAIN APPLICABLE STATE PRIVACY LAWS AS HIGH RISK CATEGORIES OF PERSONAL INFORMATION WHICH REQUIRE ADDITIONAL PROTECTIONS UNDER SUCH APPLICABLE STATE LAWS. WE MAY COLLECT, USE, SHARE, AND DISCLOSE THE FOLLOWING GENERAL CATEGORIES OF SENSITIVE INFORMATION THROUGH THE PROCESSES OUTLINED IN THIS PRIVACY POLICY: GENDER, AGE, CERTAIN PHYSICAL FEATURES, PRECISE GEOLOCATION, CERTAIN PHYSICAL FEATURES AND/OR FINANCIAL INFORMATION (SUCH AS CREDIT CARD AND/OR DEBIT CARD INFORMATION). WITHOUT LIMITING ANY OTHER PROVISIONS OR CONSENTS SET FORTH IN THIS PRIVACY POLICY, EACH USER HEREBY AGREES THAT BY CONTINUING TO USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM OFFERED BY THE COMPANY, OR BY OTHERWISE CONSENTING TO THE COMPANY’S TERMS OF USE AGREEMENT, AS DEFINED ABOVE, YOU HEREBY CONSENT TO ALL OF THE USES OF YOUR SENSITIVE INFORMATION AS SET FORTH IN THIS PRIVACY POLICY.
In addition to the Personal Information provided by You as described in Section 1.1 and in addition to the collection of Personal Information as described in Section 1.2, the following are additional ways We may collect Personal Information about You or additional sources from which We may receive Personal Information about You:
The recordings are viewed only if there is a reason to believe that there has been a breach of security. We use this information to detect security incidents and to report to law enforcement agencies. We also collect information from Our employees who are in Our Stores regarding and related to the activities of customers in our Stores and reserve the right to use that information to protect against fraud, unauthorized transactions, harassment, shoplifting, and other criminal activity and for the enforcement of security protocols at Our stores, as more fully set forth in Sections 2.1 and 2.2 herein.
Depending on the jurisdiction in which You reside, “Personal Information” for purposes of this Privacy Policy does not include any of the following types of information: (i) publicly available information from government records; (ii) de- identified, anonymized or aggregated consumer information; or (iii) any information that, pursuant to applicable laws, including without limitation the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”), is excluded from the governance of the CCPA and/or the other applicable laws.
In addition to Section 1 above, a User’s Personal Information may be gathered, collected, recorded, held, processed, or otherwise used by or on behalf of the Company (including by Our Service Providers/Contractors as defined in Section 3 below) to provide, maintain, and improve Our Services to You, including for the following purposes:
In addition to the above, Your Personal Information may be gathered, collected, recorded, held, or otherwise used for the following additional purposes:
2 and in Section 3 herein, unless We reasonably determine We need to use it for another reason and that reason is compatible with the original purpose(s) described herein. For example, We consider de-identification, aggregation, and other forms of anonymization of Personal Information to be compatible with the purposes listed herein and in Your interest because the anonymization of such information reduces the likelihood of improper disclosure of that information. If We need to use Your Personal Information in a way not already described in this Privacy Policy, We will notify You and We will explain the legal basis which allows Us to do so. If You wish to receive an explanation as to how the processing for a particular purpose is compatible with the original purpose, please contact Us via the information specified in the Contact section below.
OR ADDITIONAL CONSENT IN COMPLIANCE WITH THIS PRIVACY POLICY AND WHERE DOING SO IS REQUIRED OR PERMITTED BY LAW INCLUDING WITHOUT LIMITATION ANY SUBPOENA OR OTHER TYPES OF COURT ORDERS.
We may distribute, share, or disclose Personal Information about You as follows or as otherwise described herein:
We may share, distribute, or disclose Your Personal Information for any of the purposes described in this Privacy Policy with, or may obtain Your Personal Information from, one or more of Our parent companies, Our subsidiaries, or Our other entities that are Our affiliates, or with any of their employees, officers, directors, independent contractors, or other agents, wherever any of the foregoing are based in the world (which for purposes of this Privacy Policy and its Appendices the foregoing are hereinafter collectively defined and referred to as “Affiliates”). In addition, Our Affiliates may share or disclose Your Personal Information with, or may receive Your Personal Information from, one or more of the other Affiliates. Our Affiliates may also gather, use or share your Personal information in the same way that the Company can gather, share and use your Personal information under this Privacy Policy]
We may share, distribute, or disclose Your Personal Information to our service providers or third-party vendors, or contractors, consultants, or other business partners that We engage or retain in connection with the provision of the Company Programs or otherwise to help Us carry out and fulfill a business or commercial purpose for the Company, including without limitation the following types of service providers, third party vendors, contractors, consultants, or business parties that We engage or retain (which for purposes of this Privacy Policy and its Appendices the foregoing are hereinafter collectively defined and referred to as ”Service Providers/Contractors”):
If a third party application is used to support Our Company Programs, We may share or disclose Your Personal Information to such third party application providers, including without limitation third party credit card processors, other third party payment service providers, or intermediary services that assist in processing Your payments service provider (which for purposes of this Privacy Policy and its Appendices the foregoing are hereinafter collectively defined and referred to as ”Third Party Application Providers“).
We may use analytics tools or services provided by a third party data analytics service provider (which for purposes of this Privacy Policy and its Appendices are hereinafter collectively defined and referred to ” Data Analytics Providers“) or We may use one of their tools, such as, but not limited to Google Analytics, to collect and process certain analytics data (which for purposes of this Privacy Policy and its Appendices are hereinafter collectively defined and referred to as “Data Analytics Tools or Services”) in compliance with applicable laws. These Data Analytics Tools or Services may also collect data about Your use of other websites, apps, and online resources. SEE SECTION 5.6 OF THIS PRIVACY POLICY THAT PROVIDES FURTHER NOTICE ABOUT HOW SOME OF THESE DATA ANALYTICS PROVIDERS AND DATA ANALYTICS TOOLS OR SERVICES MAY USE COOKIES AND PROVIDES INSTRUCTIONS IF YOU WANT TO DISABLE ANY OF THESE COOKIES.
We may make, create, or collect certain aggregated, anonymized, or otherwise de-identified Personal Information and use it for the Company’s purposes or make it available to third parties for various other purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes, including without limitation evaluating industry trends, consumer trends or improving our products/services; or (iii) to assist such parties in understanding Our Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Company Programs (collectively “ Aggregated Data ”). WITHOUT LIMITING THE FOREGOING IN ANY WAY, SUCH AGGREGATED DATA THAT IS DERIVED FROM PERSONAL INFORMATION IS NOT CONSIDERED TO BE “PERSONAL INFORMATION” UNDER THIS PRIVACY POLICY BECAUSE IT HAS BEEN DE- IDENTIFIED AND/OR ANONYMIZED AND DOES NOT DIRECTLY OR INDIRECTLY REVEAL YOUR IDENTITY AND, THUS, IS NOT REASONABLE LINKED TO YOU .
We may work with third party advertising companies, marketing companies, advertising or commerce platforms, other similar entities or channels, other advertising alliance, (which for purposes of this Privacy Policy and its Appendices are hereinafter collectively defined and referred to as “Advertising Network”) in order to provide You or other parties with advertisements, marketing, or other information that We think may be of interest to You or to others. These Advertising Networks may set or access their own cookies, pixel tags, or similar technologies on Our Company Programs or they may otherwise collect or have access to data about You which they may collect over time and across different online services. These Advertising Network may also provide Us with their own independent data about potential customers and such data could include data about You previously collected by the Advertising Network.
The Company Programs may, now or in the future, offer certain Social Media Activities (as defined in Section 1.2 above), including without limitation certain sharing tools or other integrated tools (such as the Facebook “Like” button), which let You share actions that You take on Our social media pages. Your use of such features enables the sharing of Personal Information with the public, depending on the settings You establish with the entity that provides the social sharing feature.
We may share or disclose Your Personal Information with any of the Company’s Outside Professionals (as defined in Section 2.2 herein) in order to facilitate the professional advice such Outside Professionals provide to the Company.
We may share, disclose, or otherwise transfer Your Personal Information to the Company’s Outside Professionals (as defined in Section 2.2 herein), other advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate or commercial transaction in which We are acquired by or merged with another company or We sell, liquidate, or transfer all or a portion of Our assets.
We may use, distribute, share, disclose, access, or preserve Your Personal Information if We believe (in Our discretion) doing so is required, appropriate or advisable to: (i) comply with all laws or regulations, including any tax reporting requirements of the Company; (ii) comply with any other law enforcement requests or legal process or requirements of any Government Entities (as defined in Section 2.2 above), such as a court order or subpoena; (iv) comply with any other form of request from any Government Entities; (v) respond to Your requests; or (vi) protect Your, Our, Our customers’, or others’ rights, property, or safety or the general safety of Our Stores and our overall business operations. FOR THE AVOIDANCE OF DOUBT, WE MAY BE REQUIRED TO DISCLOSE YOUR PERSONAL INFORMATION TO: (I) TAXING AUTHORITIES AS PART OF OUR TAX REPORTING REQUIREMENTS; OR (II) LAW ENFORCEMENT AUTHORITIES OR OTHER GOVERNMENTAL ENTITIES OR VIA SUBPOENA ARISING OUT OF YOUR USE OF ANY UNLAWFUL OR INFRINGING CONTENT WHILE USING ANY COMPANY PROGRAM.
We may also otherwise share or disclose Your Personal Information with Your permission or consent and in compliance with applicable laws.
THIS COMPANY WEBSITE AND OTHER COMPANY PROGRAMS ARE NOT DIRECTED TO CHILDREN UNDER THE AGE OF 13. WE ADHERE TO THE U.S. FEDERAL CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”) AND WILL NOT KNOWINGLY REGISTER OR OTHERWISE COLLECT ANY PERSONAL INFORMATION FROM ANY CHILD UNDER THE AGE OF 13. WE ASK THAT MINORS UNDER THE AGE OF 13 NOT SUBMIT ANY PERSONAL INFORMATION TO THE COMPANY. IF YOU HAVE REASON TO BELIEVE A CHILD UNDER THE AGE OF 13 HAS PROVIDED THE COMPANY WITH ANY PERSONAL INFORMATION, PLEASE CONTACT THE COMPANY AT privacy@fluentconveyors.com AND REQUEST THAT SUCH INFORMATION BE DELETED FROM OUR RECORDS.
BY USING THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM, YOU REPRESENT THAT: (I) YOU REPRESENT THAT YOU ARE THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OR OTHER JURISDICTION OF RESIDENCE (HEREINAFTER, A “PERSON OF MAJORITY”), AND HAVE GIVEN YOUR CONSENT TO THIS PRIVACY POLICY IN YOUR STATUS AS A PERSON OF MAJORITY; AND (II) YOU HAVE GIVEN US YOUR CONSENT TO ALLOW ANY OF YOUR MINOR DEPENDENTS TO USE OUR COMPANY WEBSITE OR OTHER COMPANY PROGRAM PURSUANT TO THIS PRIVACY POLICY.
In the event a User has provided the Company with Personal Information such as that discussed above, and thereafter a User does not want to continue to directly receive further notices, or information or communications from the Company, such as emails, or newsletters related to the Company’s products/services, the User must follow the opt- out instructions found in the communications it receives from the Company or must send an email message to the Company at this email address privacy@fluentconveyors.com which states that the User no longer wants to receive these communications or other communications directly from the Company (“ Communication Opt Out ”). Once the Company has received the User’s request for the Communication Opt Out, the Company will, as required by law, use commercially reasonable efforts, in a commercially reasonable time period, to try to carry out such User’s request for the Communication Opt Out; provided, however, the Company will not have any obligation to retrieve, and generally cannot (in compliance with applicable laws) prevent the further use by others of, such User’s Personal Information that may have been shared up to that time with other parties by the User or as permitted by the provisions of this Privacy Policy.
If a User elects to send the Company a Communication Opt Out (as defined in Section 5.1.1), and provided such User has properly delivered its Communication Opt Out request to the Company in accordance with Section 5.1.1 herein, such User will no longer receive emails or other communications directly from the Company after a commercially reasonable time (and in compliance with applicable laws) from the date such User sent its Communication Opt Out notice to the Company. However, the Company does not have any obligations under, or liability arising out of, this Privacy Policy with regard to a User’s decision to share its Personal Information with, Our use of, any other internet websites, forums, or programs that the User may have linked to via the Company Website which are not under the Company’s direct control or ownership. Accordingly, after sending Your Communication Opt Out notice to the Company, You may need to contact these other entities directly regarding their use of Your Personal Information.
Our Company Website or other Company Programs may use behavioral advertising. This means that a third party may use technology (e.g., a cookie) to collect information about Your use of the Company Website or other Company Programs so that they can provide advertising about products and services tailored to Your interests. That advertising may appear either on the Company Website or other Company Program(s), or on other websites not operated by Us. Depending on the jurisdiction in which You reside and in accordance with applicable laws, You may adjust your preferences regarding cookies and behavioral advertising by adjusting your browser settings for those set out in our cookie management tool available on the Company Website. For example, if You do not want third parties to collect information about Your use of the Company Website or other Company Program(s), You can opt-out of such at the Digital Advertising Alliance in the US, the Digital Advertising Alliance of Canada in Canada, or the European Digital Advertising Alliance in Europe. PLEASE NOTE THAT OPTING-OUT OF BEHAVIORAL ADVERTISING DOES NOT MEAN THAT YOU WILL NOT RECEIVE ADVERTISING WHILE USING OUR COMPANY WEBSITE OR OTHER COMPANY PROGRAM(S). IT WILL, HOWEVER, EXCLUDE YOU FROM INTEREST-BASED ADVERTISING CONDUCTED THROUGH PARTICIPATING NETWORKS, AS PROVIDED BY THEIR POLICIES AND CHOICE MECHANISMS. If you would like to opt out of targeted advertising on this site or generally, you can find more information by visiting the following links:
Many analytics providers allow end-users to opt out of the retention of their information, including Our third- party Data Analytics Providers (as defined in Section 3 herein). Please note that, typically, unless You create an account with the analytics provider, Your choice to opt out applies only to the device from which You make the request, because the providers use cookies on that device to recognize Your choice. If You get a new device, install a new web browser, update Your browser, or otherwise erase/alter Your browser cookie files You may clear the opt-out cookie.
Some browsers have a “DO NOT TRACK” feature that lets website users inform websites or other applications that they do not want to have their online activities tracked. These “do not track” features may also give website users other choices regarding the collection of their personal identifiable information. However, these “do not track” features and “do not track’ signals are not yet uniform. ACCORDINGLY, EACH USER OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM IS HEREBY NOTIFIED THAT THE COMPANY WEBSITE AND THE OTHER COMPANY PROGRAMS ARE NOT CURRENTLY SET UP TO RESPOND TO ANY OF THE USER’S “DO NOT TRACK” FEATURES OR “DO NOT TRACK” SIGNALS. This “DO NOT TRACK” notice is provided to Users at the recommendation of the U.S. Federal Trade Commission and to residents of the State of California as required pursuant to the California Online Privacy Protection Act (“CalOPPA”).
Depending on the jurisdiction in which you reside, You may be able to allow and/or prevent Your device from sharing precise location information, including without limitation some or all of the Geo-Location Data described in Section 1.2 above, at any time through Your device’s operating system settings
As is common practice with almost all professional websites the Company Website or other Company Programs use cookies, which are tiny files that are downloaded to Your computer, to improve Your experience. This section describes what information they gather, how We use it, and why We sometimes need to store these cookies. We will also share how You can prevent these cookies from being stored, however, this may downgrade or “break” certain elements of a website’s functionality.
Depending on the jurisdiction in which You reside, You can enable and/or prevent the setting of cookies by adjusting the settings on Your web browser (see, for example, Your browser Help for how to do this, including “Incognito” in Chrome, “In Private” for Internet Explorer, “Private Browsing” in Firefox and Safari, etc.) or only any other cookie management tools that are made available to You. Be aware that disabling or deleting cookies in Your web browser: (i) will usually affect the functionality and/or usability of the Company Website, other Company Programs and/or other websites that You visit; and/or (ii) will usually result in also disabling certain functionality and features of the Company Website or any other Company Programs.
In addition to the disclosures We have provided in Section 1.2 and Section 3 of this Policy regarding cookies or other web-based tracking technologies or analytics tools, the following section details certain ways that We may set or use cookies or other web-based tracking technologies on the Company Website or any other Company Program:
In certain instances, cookies provided by third parties may also be used. In addition to the disclosures We have provided in Section 1.2 and Section 3 of this Policy regarding use of cookies or other web-based tracking technologies or analytics tools by third parties, the following section details certain third party cookies You might encounter through the Company Website or any other Company Program:
For more information about Google Analytics cookies, see the official Google Analytics page.
Each User confirms and agrees that by the User’s act of using any of the Company Programs, including without limitation uploading any of the User’s Personal Information or any other content via any Company Program, the User: (a) unconditionally agrees to all of the terms and conditions of this Privacy Policy; and (b) further agrees that no provision of this Privacy Policy shall limit, condition, alter, or amend, in any way whatsoever, any rights that User may have separately granted to the Company pursuant to any other agreement that the User may have separately entered into with the Company.
Users are solely responsible for correcting, updating, or modifying any and all of the User’s Personal Information as it appears in, and as otherwise stored or contained in, any Company Program. Without in any way limiting the foregoing, User acknowledges and agrees that the Company does not (depending on and in accordance with applicable law) have an independent obligation to maintain the accuracy or completeness of any of Personal Information provided by the User to the Company, including such Personal Information once it is stored, described, or otherwise contained in the Company Website or in any other Company Program.
The Company Website or other Company Programs may now or in the future provide links or other access to Internet websites, forums, or other programs that are not under the Company’s sole control and not solely owned by the Company (collectively referred to as “ Third Party Sites”). If a User clicks on a link to, or otherwise gains access to, any such Third Party Site, the User will be transported to one of these Third Party Sites. THIS PRIVACY POLICY ONLY APPLIES TO THE COMPANY WEBSITE AND THE OTHER COMPANY PROGRAMS DIRECTLY OWNED BY THE COMPANY. THEREFORE, THIS PRIVACY POLICY: (A) DOES NOT DESCRIBE THE PRIVACY POLICIES OF ANY OF THESE THIRD PARTY SITES; AND (B) DOES NOT GOVERN THE COLLECTION OR USE OF YOUR PERSONAL INFORMATION BY THE THIRD PARTY SITES. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OF ANY OF THESE THIRD PARTY SITES. IF A USER CLICKS ON A LINK TO, OR IS SENT TO A LINK OF, OR OTHERWISE GAINS ACCESS TO, A THIRD PARTY SITE, THE USER SHOULD REVIEW THE PRIVACY STATEMENTS OR POLICIES OF SUCH THIRD PARTY SITES (IF ANY) TO DETERMINE THAT PARTICULAR THIRD PARTY SITES’ PRACTICES WITH REGARD TO THE COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH USER AGREES THAT IF THE USER USES ANY THIRD PARTY SITES IN ANY WAY, THE USER IS AWARE THAT ANY OF THE USER’S PERSONAL INFORMATION THAT THE USER PROVIDES TO THAT THIRD PARTY SITE MIGHT BE READ, COLLECTED, SHARED, DISTRIBUTED, OR OTHERWISE USED BY OTHER USERS OF THAT THIRD PARTY SITE OR BY ANY OTHER THIRD PARTIES, AND COULD BE USED TO SEND THE USER UNSOLICITED MESSAGES. THE COMPANY IS NOT RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT THE USER ELECTS TO SUBMIT IN, OR OTHERWISE MAKE AVAILABLE TO, THESE THIRD PARTY SITES. Any link to any Third Party Site from the Company Website or any other Company Program does not imply any endorsement of the privacy practices of such Third Party Site by the Company, and no such Third Party Site is authorized to make any representation or warranty on Our behalf.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, We cannot guarantee its absolute security. We make efforts to protect Your Personal Information from improper or unauthorized loss, misuse, access, disclosure, alteration, or destruction. If You have questions about the security of Your Personal Information, contact the Company at the email or regular mailing address specified in the Contact Use section below.
We will retain Your Personal Information for as long as necessary to fulfill the purposes for which We collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Information, We consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of Your Personal Information, the purposes for which We process Your Personal Information, whether We can achieve those purposes through other means, and the applicable legal requirements.
We reserve the right to change, modify or clarify this Privacy Policy at any time (“Changes”), so please review it frequently. All such Changes to this Privacy Policy will take effect immediately upon their posting on the Company Website or any other Company Program. The Company reserves the right to make any and all Changes to the Privacy Policy without providing individualized notice to a User. YOU HEREBY AGREE THAT YOU ARE BOUND BY ALL CHANGES TO, AND ANY UPDATED VERSION OF, THIS PRIVACY POLICY THAT ARE IN EFFECT EACH TIME YOU USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM. THUS, THE TERMS OF THIS PRIVACY POLICY MAY BE DIFFERENT THE NEXT TIME YOU USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM. ANY USE OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM BY YOU AFTER SUCH CHANGES SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY THE USER OF ALL SUCH CHANGES WITH REGARD TO THE COMPANY WEBSITE AND ALL COMPANY PROGRAMS. EACH USER SHOULD REGULARLY REVIEW AND PRINT THIS PRIVACY POLICY FOR THE USER’S RECORD. If the Company is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products or services to You.
Each User hereby agrees that Company has, and each such User hereby explicitly grants to Company, a non-exclusive, worldwide, perpetual, assignable, sub-licensable, transferable, fully paid up right and license to develop and use “Aggregated Information” (as such term is defined below in this Section 12) in the normal course of Company’s business, including without limitation for the following purposes: (i) for statistical analysis, industry trend analysis, and/or evaluating the efficiency of the features and functionalities of any of the Company’s products/services; (ii) for any marketing, advertising or other methods of promoting (in digital, print or in any other media) any of the Company’s products/services; and/ or (iii) for any other purposes that support and promote Company’s overall business operations. The term “Aggregated Information” means any aggregated, anonymized or de-identified derived versions of Personal Information that has been developed by Company, with the understanding that any such “aggregated, anonymized or de-identified derived version” means that the applicable original piece of Personal Information has been de-identified, anonymized, and/or aggregated by Company in such a manner that it does not, directly or indirectly, disclose the identity of the User.
Regardless of where you live or from which physical location you access Our Company Website or any other Company Program , the substantive and choice of law provisions of the State of Colorado shall apply to this Agreement and your access and use of the Service, and any action related thereto, without regard to Colorado’s conflict of law provisions, but Colorado law shall not apply to the arbitration provisions in Section 13.3 of this Privacy Policy, which are governed solely by the Federal Arbitration Act. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City of Denver and County of Denver, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Our failure to exercise or enforce any right or provision of the Terms of Use Agreement between the Company and You (as defined above) or this Privacy Policy shall not constitute a waiver of such right or provision.
BY CONSENTING TO THIS PRIVACY POLICY AND/OR BY ENTERING INTO THE TERMS OF USE AGREEMENT YOU AGREE THAT, IF ANY DISPUTE ARISES OUT OF OR IN ANY WAY RELATED TO THIS PRIVACY POLICY OR THE TERMS OF USE AGREEMENT AND/OR YOUR USE OF THE “SERVICE” AS DESCRIBED IN SUCH TERMS OF USE AGREEMENT (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “DISPUTES”), ANY AND ALL SUCH DISPUTES SHALL BE RESOLVED BY SUBMISSION TO BINDING ARBITRATION IN DENVER BEFORE A RETIRED JUDGE OR JUSTICE WITH JAMS PURSUANT TO JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (“JAMS RULES”)IN EFFECT AT THE TIME OF ANY SUCH DISPUTE.
PURSUANT TO JAMS RULES IN EFFECT AT THE TIME, THE COMPANY MAY REQUEST THAT THE ARBITRATOR CONDUCT ANY PROCEEDING, OR ANY PORTION THEREOF, IN PERSON OR VIRTUALLY BY CONFERENCE CALL, VIDEOCONFERENCE OR USING OTHER COMMUNICATIONS TECHNOLOGY WITH PARTICIPANTS IN ONE OR MORE GEOGRAPHICAL PLACES.
YOU AND THE COMPANY MUTUALLY AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS PRIVACY POLICY AND THE TERMS OF USE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM THAT ALL OR ANY PART OF THIS PRIVACY POLICY AND THE TERMS OF USE AGREEMENT IS VOID OR VOIDABLE.
IF THE PARTIES ARE UNABLE TO AGREE ON A JAMS RETIRED JUDGE OR JUSTICE WITHIN FIFTEEN (15) CALENDAR DAYS OF A DEMAND FOR ARBITRATION FILED WITH JAMS BY EITHER OF US, JAMS WILL FOLLOW THE PROCEDURE IN ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES TO NAME A RETIRED JUDGE OR JUSTICE WHO WILL ACT AS THE SOLE ARBITRATOR. ANY DECISION OF THE ARBITRATOR MAY BE CONFIRMED BY A COURT OF COMPETENT JURISDICTION AND THE ENSUING JUDGMENT MAY THEREAFTER BE ENFORCED IN THE SAME MANNER AS A JUDGMENT IN A CIVIL ACTION. THE ENSUING JUDGMENT MAY ALSO BE APPEALED PURSUANT TO APPLICABLE FEDERAL LAW. YOU ACKNOWLEDGE AND AGREE THAT THIS PRIVACY POLICY AND THE TERMS OF USE AGREEMENT INVOLVES INTERSTATE COMMERCE AND THAT THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, (I) YOU AND THE COMPANY HEREBY MUTUALLY INTEND AND AGREE THAT NEITHER WILL ASSERT ANY CLASS ACTIONS OR REPRESENTATIVE ACTIONS, NOR WILL SUCH ACTIONS OR PROCEDURES APPLY IN ANY ARBITRATION PURSUANT TO THIS PRIVACY POLICY AND THE TERMS OF USE AGREEMENT; (II) WE MUTUALLY AGREE THAT NEITHER WILL ASSERT CLASS ACTION OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER IN ARBITRATION OR IN ANY OTHER PROCEEDING OR ACTION; AND (III) YOU SHALL ONLY SUBMIT YOUR OWN, INDIVIDUAL CLAIMS IN ARBITRATION AND WILL NOT SEEK TO REPRESENT THE INTERESTS OF ANY OTHER PERSON.
THE DISPUTES (AS DEFINED ABOVE), AS WELL AS THE ARBITRATION PROCEEDINGS AND AWARD REGARDING SUCH DISPUTES, SHALL BE KEPT STRICTLY CONFIDENTIAL AND GOVERNED BY THE CONFIDENTIALITY PROVISIONS ADDRESSED IN THE TERMS OF USE AGREEMENT BETWEEN YOU AND THE COMPANY.
YOU AND THE COMPANY AGREE THAT THIS PRIVACY POLICY AND THE TERMS OF USE AGREEMENT INVOLVE INTERSTATE COMMERCE AND THE ARBITRATION WILL BE GOVERNED BY THE PROVISIONS OF THE FEDERAL ARBITRATION ACT (9 U.S.C. 1 ET SEQ.). DELAWARE SUBSTANTIVE LAW SHALL GOVERN THE UNDERLYING DISPUTES TO BE ARBITRATED.
YOU AND THE COMPANY AGREE THAT THE ARBITRATOR, NOT ANY FEDERAL OR STATE COURT JUDGE, SHALL HAVE THE EXCLUSIVE JURISDICTION TO RESOLVE ANY AND ALL DISPUTES REGARDING THE ARBITRATOR’S JURISDICTION AND THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS BINDING PRIVACY POLICY AND THE BINDING TERMS OF USE AGREEMENT TO ARBITRATE, INCLUDING BUT NOT LIMITED TO DETERMINING WHICH DISPUTES ARE SUBJECT TO ARBITRATION, OR ANY CONTENTION THAT ALL OR ANY PART OF THIS ARBITRATION AGREEMENT IS UNENFORCEABLE, VOIDABLE OR VOID.
Under some state laws, such as the Colorado Privacy Act, if You are a resident of the state, acting only in an individual or household context (and not in a commercial or employment context, as a job applicant or as a beneficiary of someone acting in an employment context), You may have additional rights with respect to Your Personal Data. However, Our primary customers are persons working on behalf companies in a commercial context. That being said, We respect the privacy rights of our customers. Appendix B provides notices and the additional rights with respect to Personal Information for residents of the European Union (“EU”) and United Kingdom (“UK”). In general, the states in the United States provide the following rights to customers acting as in an individual or household context:
Our main Privacy Policy and Appendix A describe Our collection and processing of Personal Information practices, including:
You may have the right to confirm whether We are processing Personal Information concerning You and to access to Your Personal Information.
You may have 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 Your Personal Information.
You have the right to delete Personal Information concerning You.
When exercising the right to access Personal Information, You may have the right to obtain the Personal Information in a portable, and to the extent technically feasible, readily usable format that allows You to transmit the Personal Information to another entity without hindrance.
You may have the right to opt out of the processing of Your Personal Information for (a) targeted advertising, (b) sale of Personal Information, or (c) profiling in furtherance of decisions that produce legal or similarly significant effects concerning You. We may disclose Your Personal Information to third parties for targeted advertising purposes. This means the targeting of advertising to You based on Your Personal Information that We obtain from Your activity across businesses, distinctly-branded websites, applications, or services, other than Our business, distinctly-branded website, application, or service. We may share Personal Information with advertising networks so they may help Us to deliver advertisements to You based on Your activity on the Company Website or apps and/or Your activity on other websites or apps.
Unless otherwise specified, to exercise any of Your rights described in this Section 14, please submit Your request to Us at privacy@fluentconveyors.com with the subject “Privacy Consumer Request.” If We are unable to authenticate Your request using commercially reasonable efforts, We may request additional information reasonably necessary to authenticate You and Your request. If We cannot authenticate You and Your request, We will not be able to grant Your request. If Your requests are manifestly unfounded, excessive or repetitive, or fraudulent We may: (i) charge You a reasonable fee to cover the administrative costs of complying with the request; or (ii) decline to act on the request. If We decline to take action on Your request, We shall so inform You without undue delay. The notification will include a justification for declining to take action and instructions on how You may appeal. You may designate another person to serve as Your authorized agent and act on Your behalf. We will comply with an opt-out request received from an authorized agent if We are able to verify, with commercially reasonable effort, Your identity and the authorized agent’s authority to act on Your behalf.
If a User believes that the Company is not complying with the policies outlined in this Privacy Policy, or if the User has any questions relating to this Privacy Policy, then the User should contact the Company at privacy@fluentconveyors.com.
Chart of Personal Information Collected The following is a chart to further assist You in understanding how Your Personal Information is collected, why, and who receives the data. We may collect and use Your Personal Information as further described below. The category of personal information gives examples of the specific data we may collect in each category. This chart may be updated from time to time without notice. Category of Personal Information. Collected “Sold” or Shared in the Past 12 Months? Categories of Third Parties to Whom Sold or Shared (as such terms are defined in this Privacy Policy) Disclosed for a Business Purpose in Past 12 Months? Categories of Third Parties to Whom Disclosed (as such terms are defined in this Privacy Policy) Legal Basis for Collection Under GDPR Individual Identifiers. Yes Yes Affiliates; Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities; and Outside Professionals Yes Affiliates;Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities;and Outside Professionals Consent; Contract; Legitimate Interest Categories Described in California Consumer Records Act, CA Civil Code Section 1798.81.5. Yes Yes Affiliates; Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities; and Outside Professionals Yes Affiliates;Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities;and Outside Professionals Consent; Contract; Legitimate Interest Charac- teristics of protected classifi- cations under California or federal law. Yes Yes Affiliates;Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities; and Outside Professionals Yes Affiliates;Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities;and Outside Professionals Consent; Legitimate Interest Commercial information. Yes Yes Affiliates;Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities;and Outside Professionals Yes Affiliates;Related Parties; Service Providers Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities;and Outside Professionals Consent; Contract; Legitimate Interest Category of Personal Information. Collected “Sold” or Shared in the Past 12 Months? Categories of Third Parties to Whom Sold or Shared (as such terms are defined in this Privacy Policy) Disclosed for a Business Purpose in Past 12 Months? Categories of Third Parties to Whom Disclosed (as such terms are defined in this Privacy Policy) Legal Basis for Collection Under GDPR Internet or other electronic network activity Yes Yes Affiliates;Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities;and Outside Professionals Yes Affiliates;Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities;and Outside Professionals Consent; Contract; Legitimate Interest Geolocation data. Yes Yes Affiliates;Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities;and Outside Professionals Yes Affiliates;Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities;and Outside Professionals Consent; Contract; Legitimate Interest Audio, electronic, visual, thermal, olfactory, or similar information. No No Not Applicable No Not Applicable No Professio- nal or employment related information Yes Yes Affiliates;Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities;and Outside Professionals Yes Affiliates;Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities;and Outside Professionals Consent; Contract; Legitimate Interest Education information. Yes Yes Affiliates;Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities;and Outside Professionals Yes Affiliates;Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities;and Outside Professionals Consent; Contract; Legitimate Interest Inferences drawn from any of the information identified above. Yes Yes Affiliates;Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities;and Outside Professionals Yes Affiliates;Related Parties; Service Providers/ Contractors (as such term is fully defined in Section 3 of the main Privacy Policy); Government Entities;and Outside Professionals Consent; Contract; Legitimate Interest Government Entities; and Outside Professionals Outside Professionals
Data Subjects based in the European Union or United Kingdom have the right to:
We may process Data Subject’s Personal Data under the following conditions:
We are based in the United States. Our Service Providers are primarily based in the United States and the EU. To the extent that either of the EU GDPR or UK GDPR apply to the processing of Your personal information, We will take steps to ensure that any international transfers involving relevant personal information take place in compliance with the laws. You acknowledge that Your personal information that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
Data Subjects may exercise their rights under the GDPR by emailing legal@fluentconveyors.com.
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