Privacy Policy

Effective Date: May, 2023

The following Privacy Policy governs the online information collection practices of FLO Living LLC ("Company," "we," or "us").  Specifically, it outlines the types of information that we gather about you while you are using the www.floliving.com website and the MyFLO mobile application (collectively, the "Site"), and the ways in which we use this information.  This Privacy Policy applies primarily to information that we collect online.

We have created this Privacy Policy to demonstrate our firm commitment to privacy and security.  This Privacy Policy describes how our Company collects information from all end users of our Internet services (the "Services"), including those who access some of our Services but do not have accounts ("Visitors") and those who may purchase Products and/or pay a service fee to subscribe to the Service ("Members"). 

Please read this Privacy Policy carefully.  By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy.  In an effort to comply with changes in technology, and the adoption of new regulations and laws, we may need to change our Policy at some point in the future, in which case we'll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes.  By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.

By using the site or our App you represent that you are an adult and that you are using this service for your personal purposes, or on behalf of your minor child, who is over the age of 13.  This app is not intended for use by minors.

Introduction
‍We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site).  The Site only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our messaging, or have purchased one of our products or services.  The Site collects personally identifying information from our users during online registration and online purchasing.  Generally, this information includes name and e-mail address for registration or opt-in purposes and name, email address, and credit card information when purchasing our products or services.  All of this information is provided to us by you.

We also collect and store information that is generated automatically as you navigate online through the Site.  For example, we may collect information about your computer's connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site.  We also may use a standard feature found in browser software called a "cookie" to enhance your experience with the Site, and web beacons, to access cookies, count users who visit the Site, the date and time of visits, the pages viewed, time spent on our site, websites visited before and after our site, IP addresses, or open HTML-formatted email messages. 

We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features; advertising that appear on the Site; and, making other offers available to you via email, direct mail or otherwise. 

Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online - for example on message boards, web logs, through email, or in chat areas - that information can be seen, collected and used by others besides us.  We cannot be responsible for any unauthorized third-party use of such information.

Some of our third-party advertisers and ad servers that place and present advertising on the Site also may collect information from you via cookies, web beacons or similar technologies.  These third-party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements' effectiveness, or for other purposes.  The use and collection of your information by these third-party advertisers and ad servers is governed by the relevant third-party's privacy policy and is not covered by our Privacy Policy.  Indeed, the privacy policies of these third-party advertisers and ad servers may be different from ours.  If you have any concerns about a third party's use of cookies or web beacons or use of your information, you should visit that party's website and review its privacy policy.

The Site also includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control.  When you access another website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.

Please also note that as our business grows, we may buy or sell various assets.  In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.

Personal Information Our Company Collects And How It Is Used
Introduction

Members may be asked to provide certain personal information when they sign up for our products or Services including name, email address, and billing information (such as a credit card number).  The personal information collected from Members during the registration process (or at any other time) is used primarily to provide a customized experience while using our Products and Services.  We also collect personal information from you during email sign-up, at point-of-sale for purchase of products, when you complete our quizzes, and assessment and when you download the MyFLO App, and when you input information into the MyFLO App.  Your information will never be disclosed, traded, licensed or sold to any third party.  However, we may make limited disclosure of personal information under the specific circumstances described below.

The Types of Personal Information We Collect and Store
Some of the information we may collect about you and store in connection with the provision and fulfillment of our services to you may include:
NameEmail AddressBilling AddressShipping AddressTelephone NumberMasked Credit Card Information in the form of a tokenTraffic sourceAny notes or testimonials that you provide

The Types of Sensitive Personal Information We Collect and Store
Some of the sensitive personal information we may collect about you and store in connection with the provision and fulfillment of our services to you may include:·      Account login, password, or credentials allowing access to an account.·      Mail, email and text message content.·      Health related data and targets, including:AgeWeightInformation about your menstrual cycleSymptoms you have during your menstrual cycleInformation about your sex driveInformation about your sexual activityPregnancy history, pregnancy status and whether you are trying to conceive
‍
The Sources from Which this Information is Collected
Consumer will provide this information directly within the application, including assessments.
‍
How We Use Your Personal Information
The above personal information may be used for the following business or commercial purposes:
·      To operate, improve, or promote our Service
·      To provide customer service or support
·      To process payments
·      To fulfill orders
·      To deliver products
·      To contact you 
-- When you have opted in to receive email messaging
-- To confirm your membership and registrations
-- To deliver results of quizzes
-- To respond to your email inquiries.  Specifically, when Visitors or Members send email inquiries to us, the return email address is used to answer the email inquiry we receive.  We do not use the return email address for any other purpose, or share it with third parties.

·    To monitor and analyze trends such as:
-- Purchase history
-- Sales reports
-- Behavior on the Site
-- Email clicks and opens

To market our products and services through:
• Email marketing
• Newsletters
• Advertising, including retargeting via Google and Facebook

Notifications
·      Perform accounting, administrative and legal tasks

How We Use Your Sensitive Personal Information
The above sensitive personal information may be used for the following business or commercial purposes:
·      To operate, improve, or promote our Service·      To provide customer service or support·      To recommend products and services·      To contact the consumer through email marketing, text messaging (SMS) and push notifications·      To monitor and analyze trends related to women's health as collected through our Site and app for research and/or academic purposes


Who Has Access to Your Data Within Our Organization
Within our organization, access to your data is limited to those persons who require access in order to provide you with the Products and Services you purchase from us, to contact you, and to respond to your inquiries, including requests for refund.  Employees only have access to data on a "need to know" basis.

Who We Share Your Data With Outside of Our Organization, and Why
Third Parties.  We will not share or transfer your data to unaffiliated third parties without your consent.  We may use service providers in connection with operating and improving the Site, to assist with certain functions, such as payment processing, email transmission, data hosting, managing our ads, fulfilling product sales, shipping product orders, and some aspects of our technical and customer support.  We will take measures to ensure that these service providers access, process, and store information about you only for the purposes we authorize, subject to confidentiality obligations, including through the execution of GDPR and CPRA-compliant Data Privacy Agreements or Addenda, as applicable.

Disclosure of Health Information and Other Sensitive Personal Information to Third Parties.
‍Certain health information or other sensitive personal information that you provide to us through the Site may be shared with third party service providers in connection with the service that they provide for us.  Such third party's use of your sensitive personal information shall be governed by their privacy policy, as well as any agreement we may have in place with them for the purpose of providing their service to us.  It is not our intention that such third parties shall use your personal information for any purpose other than to provide their contracted service to us.  

Specifically, and without limitation:
• Information that you share with us related to your menstrual cycle, menstrual symptoms, ovulation, and partner will be stored on a third-party database, operated by MongoDB Atlas;
• All data entered by you, including specific and sensitive health information, will be displayed on a third-party data dashboard, operated by Parse;
• All data entered by you, including specific and sensitive health information, will be moved to and from the Parse dashboard via a third-party server, operated by Heroku;
• Information described in the chart below is housed on our third-party CRM, operated by Klaviyo, and this data is meant to be used by the FLO Living LLC team to trigger email campaigns;
• Certain third-party analytics services, such as Flurry, Pendo and Google Analytics, collect data from your use of the MyFLO Mobile App which is anonymized or aggregated and used for analytics purposes. These services can see: which buttons you have pressed in the app and when; and if you saved a symptom or period start or end date, but cannot see specific symptoms or period start or end dates.
• Your log in and account credentials for Single Sign On via Cognito, an Amazon Web Services plug in. All data entered by you, including specific and sensitive health information may used to generate and  send dynamic push notifications, in app messaging, and emails based on in-app behavior, generated by Customer.io
• Your payment and subscription information, together with purchase history may be tracked using third-party software provided by payment gateways such as Smartrr or Authorize.net.Data entered by you, including assessment data, which may include specific and sensitive health information, for retention in a database to serve results to each user individually, operated by Webflow, which provides third party hosting to our Site.
• Data entered by you, including assessment data, which may include specific and sensitive health information, for the purpose of generating supplement and digital product recommendations, provided by Shopify.

If you are not comfortable with these information practices, then your only resolution is to stop all use of our Site and our Services.
Authorities. We may access, preserve, and disclose information about you to third parties, including the content of messages, if we believe disclosure is in accordance with, or required by, applicable law, regulation, legal process, or audits.  We may also disclose information about you if we believe that your actions are inconsistent with our Terms of Service or related guidelines and policies, or if necessary to protect the rights, property, or safety of, or prevent fraud or abuse of, Company or others.

Why We Store Information We Collect From You
We retain certain information that we collect from you while you are a member on the Site, and in certain cases where you have deleted your account, for the following reasons:

• So you can use our Site;
• To ensure that we do not communicate with you if you have asked us not to;
• To provide you with a refund, if entitled;
• To better understand the traffic to our Site so that we can provide all members with the best possible experience;
• To detect and prevent abuse of our Site, illegal activities and breaches of our Terms of Service;
• To comply with applicable legal, tax or accounting requirements.

When we have no ongoing legitimate business need to process your information, we will either delete or anonymize it.  We will retain account data while a user's account is active and for a period of up to twelve (12) months of inactivity.  Thereafter, we may anonymize, deidentify, and aggregate any account data, including responses to quizzes and assessments, including sensitive personal information.  We may continue to use this data for research, analytics, or other purposes as set forth herein.  If your account is inactive for a period of twelve (12) months or more, your account will be deleted, and you will be required to create a new account in order to use our app, and certain other features of our site or service

Cookies and Tracking Tools
We use cookies to help you make using our website easier, such as:
• To remember your country and language preferences
• To deliver information that matches your interests
• To help us understand our audience and traffic patterns
• To let you automatically log into programs and parts of our site that require membership
• To manage and present site info displayed on our website that will be specific to you

We also use Web Beacons to collect non-personal data on how you use our site, such as how long did you visit our page, what web browser you're using, what's your operating system, and who's your Internet service provider.  In addition we also use Google Analytics data and the DoubleClick cookie to serve ads based on a user's prior visits to our website.  This data is collected from thousands of site visits and analyzed as a whole.  This helps us build a better website to match our visitors' needs.

We may also place small "tracker gifs" or "beacons" on many of the pages on our website, in online advertising with third parties, and in our emails.  We use these beacons, in connection with Cookies, to collect non-personal data on the usage of our site including but not limited to the date and time of the visit, the pages visited, the referring web page, the type of browser (e.g., Internet Explorer, NetScape), the type of operating system (e.g., Windows, Linux, or Mac), and the domain name of the visitor's Internet service provider (e.g., AOL).  This information is collected about thousands of site visits and analyzed as a whole.  This information is useful in, for example, tracking the performance of our online advertising such as online banner ads and to determine where to place future advertising on other websites.

Advertiser Disclosures
‍Google Analytics
We use Google Analytics Advertiser Features to optimize our business.  Advertiser features include:
•   Remarketing with Google Analytics
•   Google Display Network Impression Reporting
•   DoubleClick Platform integrations
•   Google Analytics Demographics and Interest Reporting

By enabling these Google Analytics Display features, we are required to notify our visitors by disclosing the use of these features and that we and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to gather data about your activities on our Site.  Among other uses, this allows us to contact you if you begin to fill out our check-out form but abandon it before completion with an email reminding you to complete your order.  The "Remarketing" feature allows us to reach people who previously visited our Site, and match the right audience with the right advertising message.

You can opt out of Google's use of cookies by visiting Google's ad settings and/or you may opt out of a third-party vendor's use of cookies by visiting the Network Advertising Initiative opt-out page.FacebookAs advertisers on Facebook and through our Facebook page, we, (not Facebook) may collect content or information from a Facebook user and such information may be used in the same manner specified in this Privacy Policy.  You consent to our collection of such information.We abide by Facebook's Data Use Restrictions.

•   Any ad data collected, received or derived from our Facebook ad ("Facebook advertising data") is only shared with someone acting on our behalf, such as our service provider.  We are responsible for ensuring that our service providers protect any Facebook advertising data or any other information obtained from us, limit our use of all of that information, and keep it confidential and secure.
•   We do not use Facebook advertising data for any purpose (including retargeting, commingling data across multiple advertisers' campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Facebook) and only to assess the performance and effectiveness of our Facebook advertising campaigns.
•   We do not use Facebook advertising data, including the targeting criteria for a Facebook ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device.
•   We do not transfer any Facebook advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.

SMS Messaging
We may use your telephone number for the purpose of sending you SMS messaging for marketing purposes; to share free content with you, such as articles and videos; to announce the launch of new products; and to provide access to your dashboard and/or downloads, if you have opted in to receive such messaging.  You may opt out from receiving SMS messaging from us, at any time, by responding STOP to any of our messages.  Messaging will be sent by [email protected].  We do not share your telephone number with third parties for the purposes of receiving third party marketing messages.  We also will not send messages to you promoting the goods or services of third parties.  For additional information regarding our SMS messaging program, please read our Terms of Service (LINK), or by responding HELP to any of our messages.


Data Security and Data Privacy Regulation

Our Company's commitment to data security
We implement a variety of administrative, managerial, and technical security measures to help protect your personal information.
Our Company has various internal control standards which relate specifically to the handling of personal information.  These include certain controls to help safeguard the information we collect online.  Our employees are trained to understand and comply with these controls and we communicate our Privacy Policy, practices and guidelines to our employees.  However, while we strive to protect your personal information, you must also take steps to protect your information.  We urge you to take every precaution to protect your personal information while you are on the Internet.

Additionally, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information. If we do discover a security breach affecting your data, every effort will be made to provide a notification within 72 hours of our team learning of the occurrence.  


General Data Protection Regulation (GDPR)
‍The GDPR took effect on May 25, 2018, and is intended to protect the data of European Union (EU) citizens.

If you are a resident of the European Economic Area (EEA), or are accessing this Site from within the EEA, you may have certain rights with respect to your data.  We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws.  You can contact us by sending an email to [email protected].

Rights that you may have, depending on our obligations to comply with this law, and the country in which you reside, include: 
• Accessing, correcting, updating, or requesting deletion of your information.
• If you request that your account be deleted, you will lose access to all of our programs in which you are actively registered.
• Objecting to processing of your information, asking us to restrict processing of your information, or requesting the portability of your information.
• Opting out from receiving marketing communications that we send you at any time.  You can exercise this right by selecting the "unsubscribe" or "opt-out" link in the marketing emails we send you.  Additionally, you may update your email preferences by changing the settings in your account.
• Withdrawing your consent at any time if we have collected and processed your information with your consent.  Withdrawing your consent will not affect the lawfulness of any processing that we conducted prior to your withdrawal, nor will it affect processing of your information conducted in reliance on lawful processing grounds other than consent.
• Complaining to a data protection authority about our collection and use of your information.  For more information, please contact your local data protection authority.  

Contact details for data protection authorities in the European Union are available here.  


California Privacy Rights Act (CPRA) 
The CPRA took effect on January 1, 2023, and is intended to protect the data of California residents.  

If you are a resident of California, you have certain rights with respect to your data.  We respond to verified requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws.  You can contact us: (i) through this contact form on our website floliving.com/contactus; or (ii) by sending an email to [email protected]. 

Under CPRA, you have the right to request five types of information:
1.    The categories of personal information that have been collected about you;
2.    The categories of sources from which the personal information is collected;
3.    The business or commercial purpose for collecting, selling, or sharing personal information;
4.    The categories of third parties to whom we disclose personal information; and
5.    The specific pieces of personal information we have collected about you. 

Answers to items 1-4 can be found within the provisions of this Privacy Policy.  You may contact us through the methods described above to request disclosure of #5 or to exercise any of the following additional rights: 

• Requesting that we disclose the specific pieces of personal information that we have collected about you, including information we have collected through one of our service providers or contractors.
• Requesting access to your information.
• Requesting correction or rectification of your information.
• Requesting deletion of your information.
     • If you request that your account be deleted, you will lose access to all of our programs in which you are actively registered.
• Requesting the portability of your information in a machine-readable or transmissible form.
• Requesting that we not sell or share your information, by clicking on the corresponding link on our website floliving.com/privacy-policy.
• Requesting that we limit the use of your sensitive personal information, by clicking on the corresponding link on our website floliving.com/personal-information 
• Opting out from the use of automated decision-making. 

Every effort will be made to respond to a verified request within a reasonable time, or the time-frame required by law.  If you are a Member, we may require you to log in to your account in order to make a verified request.

Children's Privacy Statement
Our Site, app, and the features of our service are not intended for minors under the age of eighteen.  If you are a parent and wish to use certain features of our Site, app and/or service, such as period tracking, for and on behalf of your child under the age of eighteen, all use of the Site, app and/or service must be made by you on their behalf.  Under no circumstances shall you use our Site, app and/or service to communicate any data concerning a minor under the age of thirteen.  In accordance with the terms of this Privacy Policy, we will not sell or share the personal information of a consumer under the age of sixteen.  Certain state laws may allow users under the age of eighteen to remove or request removal of content concerning them from our Site, app and/or service.

This children's privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information.

• This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Site.  We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information.  If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Site, we will delete such information from our records.  If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we also do NOT knowingly distribute such information to third parties.
• We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site. 
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we do NOT condition the participation of a child under thirteen in the Site's online activities on providing personally identifiable information.  

CAN-SPAM Compliance
‍·      We striclty abide by our obligations to comply with anti-SPAM laws. 
·      All emails that are sent to you by FLO Living LLC include an unsubscribe link in them. 
·      You can remove yourself at any time from our mailing list by clicking on the unsubscribe link that can be found in every communicaiton that we send you.  
·      We will remove you from our mailing list immediately. 
·      Additionally, all emails from us will have a clear "From" field that identifies us as the sender and will contain our address for contact purposes.


The HIPAA Privacy Rule 
‍The US Department of Health and Human Services provides: "The HIPAA Privacy Rule establishes national standards to protect individuals' medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically.  The Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization.  The Rule also gives patients rights over their health information, including rights to examine and obtain a copy of their health records, and to request corrections." 

You acknowledge that our operation of the Site does not constitute the practice of medicine, and specifically does not create a doctor-patient relationship.  The information provided on the Site is for educational purposes only; we do not provide medical advice and are not a "covered entity" within the meaning of HIPAA.  You acknowledge, understand and agree that our information collection, use, storage and sharing practices are specifically not governed by HIPAA.  


Revisions to this policy

Our Company reserves the right to revise, amend, or modify this policy, our Terms of Service, and our other policies and agreements at any time and in any manner, by updating this posting.

Where to direct questions about our privacy policy
If you have any questions about this Privacy Policy or the practices described herein, you may contact us through the contact information provided on this website or by emailing [email protected].