Effective Date: March 28, 2022
A. Privacy Statement
B. Personal Data We Collect
When you use our Services, FLX collects information (i) that you knowingly and voluntarily provide, (ii) that we are able to collect based on your use, and (iii) that we are able to collect using cookies and other similar technologies.
- Personal Data that you Knowingly and Willingly Provide. FLX collects information that you knowingly and voluntarily provide when you use our Services, including registration or account credentials, payment information, and rating information. We primarily use this information to fulfill your transaction requests. As part of providing our menu of Services, FLX may collect some or all of the following types of Personal Data:
- a. Identifiers like postal address, email address, account name, unique personal identifier, login credentials, or other similar identifiers;
- b. Demographic characteristics;
- c. Contact information and engagement preferences;
- d. Professional or employment-related information, such as education, investment experience, current or past job history, key success factors; and
- e. Inferences drawn from other personal information, such as any additional profile information reflecting preferences and behavior.
- a. Internet or other similar network activity, like online identifier, Internet Protocol address, web browser, cookie identifiers and other identifiers that are automatically assigned to your computer or devices when you access the Internet and information on interactions with our Services, other websites, applications, or advertisements;
- b. Geolocation data such as physical location or movement of devices, as applicable;
- c. Operating system, data on visitor requests, device type, and additional information as provided by your use.
Advertisers and third parties that provide content, advertising or other functionality to the Services, may also use pixel tags, local storage, and other technologies to collect tracking and identification information. These are small data files placed on visitor device(s) that allow us to record how visitors use the Services, which site a user comes from, the number of each user’s visits, and how long a user stays on the Services. These technologies help to improve software functionality, facilitate site navigation, and personalize your experience of the Services.
C. How We Use Personal Data
We will only process your Personal Data, including sharing it with third parties, where (1) you have provided your consent which can be withdrawn at any time, (2) the processing is necessary for the performance of a contract to which you are a party, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) processing is necessary for the purposes of our legitimate commercial interests, except where such interests are overridden by your rights and interests.
FLX does not sell, rent or lease consumer personal information we collect. In compliance with federal and state laws, we may use consumer personal information for one or more of the following business purposes:
- To provide Services fulfillment, such as managing purchases, payments, and more;
- To create, maintain, customize, and secure your user account;
- To provide support and to respond to inquiries, including to communicate with you;
- To provide measurement, analytics and other business services;
- To personalize and develop experiences with our Services, including offers we provide through our websites, applications, emails, text messages, and other platforms;
- To help maintain the safety, security, and integrity of our Services, databases, other technology assets and business lines;
- To notify you about any new functions included in our software or Services (with your consent, where required by law);
- For testing, research, analysis and product development, including to develop and improve our Services;
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of FLX’s assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by FLX about users is among the assets transferred; and
- To respond to law enforcement requests and as required by applicable law, court order or governmental regulations.
D. Aggregate Information
FLX may develop, use, distribute and publish information and statistics derived from aggregate consumer information and the content that you contribute for use on a masked, aggregate basis. This may be done for the purposes of market research on brands and services, marketing campaigns, and advertising.
E. Disclosing Personal Data to Others
FLX does not sell consumer personal information about current or former accounts to third parties.
In compliance with federal and state laws, we may disclose personal information to nonaffiliated businesses for a business purpose. We disclose personal information for a business purpose to the following categories of third parties:
- Customers. To provide the Services, we share Personal Data with our Customers and with other organizations as directed by you.
- Employees. Only authorized FLX corporate members have access to your Personal Data.
- Financial Professionals. For financial professionals utilizing our technology platform, FLX may make available financial professional business contact information, financial professional profile information, and information regarding the use of investment strategies to third-party investment managers and exchange traded funds, mutual funds, and other investment vehicles.
- Service Providers. We employ companies that perform services for us or on your behalf, including third-party vendors and service providers that provide services to us for a variety of business purposes.
- Marketing Partners. We may further disclose your Personal Data to companies that participate in joint marketing activities with us.
- To Comply With Legal Process. We may also disclose your Personal Data to non- affiliated parties as allowed by law, such as in responding to a subpoena, preventing fraud, or complying with an inquiry by a government agency or regulator.
F. Your Rights Regarding Personal Data and Choices
- Correction & Removal. If any of the information that we have about you is incorrect, or you wish to have information (including Personal Data) removed from our records, please contact us at [email protected]. We will respond to such inquiries within thirty (30) business days.
- Your California Privacy Rights. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits individuals with whom we have a business relationship who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please e-mail [email protected].
- Notice to Colorado, Nevada, and Virgina Residents. We currently do not transfer personal information for monetary consideration. If in the future our approach to transferring personal information changes and you would like to tell us not to sell your information at that time please email us at [email protected] with your name, postal address, telephone number and email address.
We maintain reasonable industry security measures to safeguard against loss, theft, interference, and misuse, as well as unauthorized access, disclosure, alteration or destruction of your Personal Data. We also maintain procedures to help secure online sessions and to protect FLX accounts and systems. This approach helps ensure that information remains safe and private, however, you should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure, accurate, complete, or current.
H. Retaining Personal Information
FLX will retain your information for as long as needed to provide you with the Services. If you wish to cancel your account or request that we no longer use your information to provide you with the Services, you may contact us at [email protected]. Retaining personal information is often necessary for us and our service provider(s) to:
- Enable solely internal uses that are reasonably aligned with consumer expectations based on their relationship with us;
- Comply with our legal obligations, including but not limited to maintaining a books and records requirement, resolving disputes, and enforcing our agreements;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; and
- Make other internal and lawful uses of that information that are compatible with the context in which the information was provided.
I. International Customers
J. Notification of Changes
K. Contact Information
- By emailing: [email protected]
- By mail post to:
FLX Distribution, Inc.
2 Morristown Road
Bernardsville, NJ 07924