Privacy Policy

Thanks for your interest in FluentStream (“FluentStream”, “us”, “we” or “our”) and our Service, as described in the FluentStream Terms of Service, to which this Privacy Policy is attached.

The FluentStream Privacy Policy (the “Privacy Policy”) describes the Information that you entrust to us and explains the steps we take to protect it.

This Privacy Policy is incorporated in and subject to the FluentStream Terms of Service (the “Terms of Service”), to which this Privacy Policy is attached as Attachment A. Capitalized and other terms that are not otherwise defined in this Privacy Policy have the meaning given to them in the Terms of Service.

At FluentStream, we take data security and the privacy of your students very seriously. Protecting your Information, including personally identifiable information (“PII”) of your employees, contractors and applicants, is at the very core of what we do. Once the connection to FluentStream is made, your data is kept separate from other Subscribing Organizations, so there is no way for other FluentStream customers to view your students’ PII. Except as otherwise provided in this Privacy Policy or the Terms of Service, FluentStream does not share, sell, or use Employee Information for any purpose other than to provide and enhance the Services, including that FluentStream does not share, sell or use FluentCloud Information for marketing purposes.

THE INFORMATION THAT YOU SEND AND SHARE WITH US

“Cookies” Information. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. The use of cookies by third parties is not covered by this Privacy Policy. We do not have access or control over cookies used by third parties. Persistent cookies can be removed. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.

“Automatically Collected” Information. When you use the Service or open one of our HTML e-mails, we may automatically record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your IP address or other device address or ID, web browser and/or device type, the pages you view on the Service, and the dates and times that you visit, access, or use the Service. This information is gathered for all users using the Service and assists us with enhancing the Service and the user experience of the Service.

HOW WE MAY USE THE INFORMATION YOU SEND AND SHARE WITH US

We use the Information that you send and share with us in a variety of ways for providing the Service to you and enhancing the Service. For example:

We use the Information that you provide to us to operate, maintain, enhance, and provide all of the features of the Service.

We will use all of the Information that you provide to us to improve the Service and to create new features and functionality.

We use information provided to us and information about the use of our Services to create or derive Aggregate Information.

We may use your e-mail address (a) to contact you for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to your Information posted on the Service or (b) to send you promotional messages related to the Service and the activities of third parties we work with. Generally, you have the ability to opt-out of receiving any such communications, either through links provided in the messages or by updating your account preferences through the Service.

We may use “cookies” information to: (a) personalize our services, such as remembering your Information so that you will not have to re-enter it during your visit or the next time you visit the Service; (b) monitor and analyze the effectiveness of the Service; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed.

WHEN AND IF WE DISCLOSE INFORMATION

FluentStream will hold all PII confidential pursuant to applicable provisions of state and federal laws. We may, however, disclose the Information that you provide to us (including PII) in the following circumstances:

Any Information, including PII that you voluntarily choose to leave accessible in a public area (such as leaving your computer unprotected and the Service open) or available to other users, will be available to anyone who you allow access to that Information.

We work with third-party service providers to provide application development, website hosting (such as Heroku and Amazon Web Services), maintenance, and other related services for us. To the extent it is necessary for these third-party service providers to fulfill their contractual obligations to us, these third parties may have access to or process the PII that you provide to us. The third party recipients are limited to using the Information for the sole purpose for which it was provided and are subject to confidentiality agreements.

We reserve the right to disclose your Information that we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect us and others from fraudulent, abusive, or unlawful uses or activity; to assist or comply with government enforcement agencies; to protect the security or integrity of the Service; or to protect the rights, property, or personal safety of FluentStream, our users, or others.

If FluentStream, or substantially all of its assets are acquired, the assignee will assume and be subject to the same obligations of the Terms of Service, this Privacy Policy and our Security Policy that we are obligated. You acknowledge that such transfers may occur, and that any acquirer of FluentStream may continue to use the Information you provide to us as set forth in this Privacy Policy and Terms of Service.

YOUR CHOICES

You may, of course, decline to share certain PII with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your Account information and preferences at any time by accessing your Account preferences page through the Service or contacting support.

You may also choose to discontinue the use of the Service by sending a request to support. Upon confirmation of your request, we will permanently delete all Information associated with your account from the Service. We may continue to use your name and contact email as provided in your Information for the purpose of sending you informational emails of our Services.

PLEASE CONTACT US IMMEDIATELY AT LEGAL@FLUENTSTREAM.COM IF YOU BELIEVE THAT YOU HAVE PROVIDED US WITH INFORMATION WITHOUT THE PROPER RIGHTS, CONSENTS, OR PERMISSIONS SO THAT WE MAY DELETE SUCH INFORMATION AS SOON AS POSSIBLE.

OUR COMMITMENT TO DATA SECURITY

We maintain reasonable administrative, technical and physical procedures to protect the integrity and security of the PII that you provide to us. We cannot, however, guarantee that such information may not be accessed, disclosed, altered, or destroyed by a breach of any of our administrative, technical or physical safeguards.

If we know or have reason to know of a systems security breach by an unauthorized party or that any of your Information was used for an unauthorized purpose, then we will notify you electronically so that you can take appropriate protective steps. We may also post an additional notice through the Service if a security breach occurs.

You are solely liable and responsible for the actions or inactions of your users that result in the sharing of any such Information with others. This includes, but not limited to, adequately protecting the Information that may be displayed on your users’ computer screen and not leaving your computer unattended if the Information is visible or accessible. FluentStream does not take responsibility or liability for your distribution, sharing or disclosure of such Information.

You agree to accept responsibility for all activities that occur under your users’ Accounts. If you have reason to believe that an Account is no longer secure for any reason (for example, in the event of a loss, theft, or unauthorized disclosure or use of your password), then you agree to immediately notify us at security@pairin.com.

PRIVACY SETTINGS

Although we take reasonable steps to protect your Information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your Information. Therefore, we cannot and do not guarantee that Information you post on the Service will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the FluentStream website. You understand and acknowledge that, even after removal, copies of Information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such Information.

INTERNATIONAL VISITORS

The Service is hosted in the United States. If you choose to use the Service from the European Union or other regions of the world with laws and regulations governing data collection and use that may differ from the applicable federal and state laws and regulations of the United States, then please note that you are transferring PII outside of those regions to the United States for storage and processing, and by providing the PII on the Service you consent to that transfer, storage, and processing pursuant to the applicable laws and regulations of the United States.  Where we transfer your PII from the EEA to recipients located outside the EEA who are not in a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection to receive PII, we do so on the basis of standard contractual clauses. You may request a copy of the relevant standard contractual clauses by emailing support.

CHANGES AND UPDATES TO THIS PRIVACY POLICY

We reserve the right, at our discretion, to change this Privacy Policy upon providing you with notice. We agree that changes cannot be retroactive. Notice will be provided upon sign-on to the system. If we modify this Privacy Policy, we will make it available through the Service, and update the “last modified” date at the top of this page.

IF YOU DON’T AGREE TO ANY CHANGES, THEN YOU MUST PROVIDE US WITH WRITTEN NOTICE TO SUPPORT@FLUENTSTREAM.COM AND WE WILL AUTOMATICALLY DELETE YOUR ACCOUNT (INCLUDING ALL PII AND RELATED ACCOUNT INFORMATION), UNLESS YOU NOTIFY US OTHERWISE.

OUR CONTACT INFORMATION

Please contact us with any questions or comments about this Privacy Policy, your PII, our use and disclosure practices, or your consent choices by e-mail at legal@fluentstream.com.