FLEXCHARGE - PRIVACY POLICY

This Privacy Policy (“Privacy Policy”) is an integral part of our End User Terms of Use (“Terms of Use”) or the Merchant Agreement (“Agreement”), as applicable (collectively the “Terms”) and governs the processing of information by FlexCharge Inc. (“FlexCharge,” “we,” “us,” or “our”) from you through the factoring services or otherwise when conducting a transaction through our platform or even simply when you visit our website, individually and collectively referred to herein as the “Services”. Any terms used herein and not defined shall have the meaning ascribed to them in the Terms.

FlexCharge may update or revise this Privacy Policy from time to time. Material modifications to this Policy will be posted on our website or addressed directly to you if technically possible.

1. APPLICABILITY

The Privacy Policy applies to data collected from:

Individuals browsing our website- https://www.flex-charge.com/ (“Visitor(s)”);
Our customers and clients using our factoring services (“Merchant(s)”) and implementing our technology on their website (“Merchant Website”); and
The end users, consumers, making the purchase on the Merchant Website from which we process the payment (“Consumer(s)” or “End User(s)”).

The Visitor, Merchant and End User shall all be referred herein as “you” unless otherwise set forth.

2. ADDITIONAL POLICIES

In the event you are a resident of California, please also review our CCPA Notice

3. CONTACT DETAILS OF THE CONTROLLER

FlexCharge Inc. C/O Sagent Management, 691 S. Milpitas Blvd, Suite 212, Milpitas, CA 95035.
If you have any questions or comments about this Privacy Policy, or any concerns with respect to how your privacy and information are handled, please contact our privacy team at: legal@flex-charge.com

4. WHICH DATA DO WE COLLECT AND FOR WHAT PURPOSE?

“Non-Personal Data”: means non-identifiable data, or aggregated data, that is mainly data which is transmitted to us when you access and interact with Services, such as the type of browser, type of operating system, type of device used, the time and date you access Services, navigation, language preference, etc.

“Personal Data”: means individually identifiable information which identifies or may identify, with reasonable effort, an individual, such as your name, address, phone number, billing information and including online identifiers (such as IP address).

Please see below the table which specifies the Personal Data we collect and how we use itl:

Personal Data Collected from Merchants

Personal Data collected from End Users

Personal Data collected from Individuals that browse our Website “VISITOR(S)”

Please note that the actual processing operation per each purpose of use detailed in the table above may differ. Such processing operation usually includes a set of operations made by automated means, such as collection, storage, use, disclosure by transmission, erasure, or destruction.

In addition, we may use certain Personal Data to prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts, and any other misuse of the Services and to enforce the Terms, as well as to protect the security or integrity of our databases and Services, and to take precautions against legal liability.

5. HOW WE COLLECT INFORMATION

According to the nature of your interaction with the Services, we may collect information as follows:

Automatically – we may use cookies, or pixels and similar tracking technologies (as elaborated in the Cookies Section below) to gather some information automatically when you access our Website.
Provided by you voluntarily – we will collect information if and when you choose to provide us with information, such as through a checkout process or when you contact us.
Provided to us by Merchant or by other third-party services (such as the credit bureaus as further detailed below).

6. DATA SHARING – CATEGORIES AND RECIPIENTS WE SHARE PERSONAL DATA WITH

We share your data with third parties, including with trusted partners or service providers that help us provide our Services:

We use Plaid Technologies, Inc. (“Plaid”) to gather your data from financial institutions. By using our service, you grant FlexCharge and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.

For you to use the account to account payment option with FlexCharge, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. You authorize FlexCharge to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through FlexCharge, and Dwolla account notifications will be sent by FlexCharge, not Dwolla. FlexCharge will provide customer support for your Dwolla account activity, and can be reached at support@flexcharge.com.

Where we share information with service providers and partners, we ensure they only have access to such information that is strictly necessary in order for us to provide the Services. These parties are required to secure the data they receive and to use the data for pre-agreed purposes only, while ensuring compliance with all applicable data protection regulations (such service providers may use other non-personal data for their own benefit).

7. COOKIES

We and our third-party service providers may use cookies and other similar tracking technologies to gather, store, and track certain information related to your access of, activity, and interaction with our website and content, as applicable.

A “cookie” is a small piece of information that a website assigns to your device while you access such a website. Cookies are very helpful and may be used for a variety of different purposes. These purposes include, among other things, allowing you to navigate between pages efficiently, enabling automatic activation of certain features, remembering your preferences, and making the interaction between you and the website quicker, easier and smoother. Cookies are also used to help customize your experience and for advertising purposes (including personalized advertising). You can find out more information about cookies at www.allaboutcookies.org.

In general, several types of cookies may be used on our website including the following: essential cookies, analytic and measurement cookies and targeting and advertising cookies.

The specific cookies we currently use, the purpose of the cookies, their privacy policy and opt-out controls are set forth in the table below:

8. PERSONAL CREDIT AND BACKGROUND CHECKS

If You use our Services, you hereby acknowledge and agree that we may perform an initial background check (and subsequent periodic follow-up checks) on you to help us determine your suitability for the Service (each a “Background Check”). Each Background Check may, without limitation, include a review of the following information, which you hereby expressly authorize and consent to: (i) credit history, including a hard or soft pull of a personal or business credit bureau data and score; (ii) criminal records; (iii) information that is publicly available about you; (iv) information that we obtain from third party service providers, including information derived or prepared by third-party data aggregation and analysis companies; and (vi) whether you have ever been declared bankrupt. You agree to cooperate with FlexCharge with respect to Background Checks. You further acknowledge that FlexCharge may keep this data and use it for the purpose of authorizing any future transactions.

9. YOUR RIGHTS

We acknowledge that different people have different privacy concerns and preferences. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. We provide you with the ability to exercise certain choices, rights and controls in connection with your information. Depending on your relationship with FlexCharge (e.g., if you are a Visitor of our Website, Merchant, or an End-User), data protection and privacy laws provide you with various rights regarding your Personal Data.

You may exercise any or all of your above rights in relation to your Personal Data by filling out the Data Subject Request (“DSR”) form available here.

Where we are not able to provide you with the information for which you have asked, we will endeavor to explain the reasoning for this and inform you of your rights, including the right to complain to the supervisory authority. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any such information in accordance with applicable law.

10. RETENTION

We retain Personal Data we collect as long as it remains necessary for the purposes set forth above, all in accordance with applicable laws or until an individual requests to opt-out of such collection. We may at our sole discretion, delete or amend information from our systems, without providing any notice to you, once we deem it is no longer necessary for our purposes.

11. SECURITY

We implement extensive security measures to reduce the risks of damage, loss of information and unauthorized access or misuse of Personal Data. We implement appropriate data collection, storage and processing practices and security tools to protect personal data against unauthorized access, alteration, disclosure or destruction. You should be aware that no security measures are completely fail-proof, and it is impossible to prevent any and all threats to the security of data and systems. Therefore, you should be aware that any processing of digital Personal Data holds certain inherent risks, and we cannot guarantee that our Services and databases will be immune to any wrongdoings, malfunctions, unauthorized interceptions or access, malware attacks or other kinds of abuse and misuse.