Introduction

The Fluz Service is operated by Fluz. Fluz respects your privacy, and this Privacy Policy is designed to help you understand how we collect, use, and disclose your personal information, and help you make informed decisions when using the Fluz Service.

If you have consented to participate in our Fluz rewards program please visit Fluz terms of use to learn more about the data collection, use, and sharing practices in connection with the program.

If you have questions or concerns regarding this Privacy Policy, please contact us at [email protected].

The Information We Collect

We collect a variety of information from you and other sources when you use the Fluz Service, including technical information as well as information that can be used to identify you individually, sometimes referred to as “personally identifiable information.”

We collect location data, including background location, for security and fraud prevention.

When you register to use the Fluz Service, you provide us with certain personal information such as your name, username, phone number, email address, payment information (e.g. credit card or debit card number) and any other personal or preference information that you provide to us.

When you launch the Fluz Service, we automatically collect a variety of information about your device and your use of the Fluz Service in log files, such as your IP address, device ID, operating system, and browser type, as well as information regarding items on the Fluz Service that you view or access and transactions you engage in using the Fluz Service, including transaction-related information, such as when you make purchases or respond to offers. This information is gathered for all users. We may also use “cookies,” or small pieces of information that are stored by your browser on your computer’s hard drive so that the Fluz Service may access that information on return visits. We generally do not store or retrieve any personally identifiable information in cookies. If you have set your browser to reject cookies, you may not be able to take full advantage of all the features of the Fluz Service.

If you choose to use our invitation service to tell a friend about the Fluz Service, we may ask you for information needed to send the invitation, such as your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Fluz stores this information to send this one-time invitation, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us at [email protected] to request that we remove this information from our database.

By using the Fluz Service, you are consenting to have your personal data transferred to and processed in the United States.

Use of Information Obtained by Fluz

Fluz uses the information you provide or that we collect from third party sources to operate, maintain, enhance, and provide all of the features found on the Fluz Service. We will use the contact information you have provided to contact you for administrative purposes, for customer service purposes, to notify you of activity within the Fluz Service, to address intellectual property infringement, rights of privacy, or defamation issues, regarding User Content that you have posted to the Fluz Service, or to send you notifications regarding new services offered by Fluz that we think you may find valuable.

Fluz or our reward partners, which include Empyr, Inc. (“Reward Partners”), and payment card networks, including American Express, Visa and MasterCard (“Payment Card Networks”), use your information to confirm whether purchases made by you are qualifying transactions, contact you in connection with any such purchases, and to comply with laws and regulations related to purchases made by you through the Fluz Service.

Fluz, Payment Card Networks, and Reward Partners use your credit card or debit card information to track your purchases. In addition, if you opt-in to have any cash back earned by you credited to your credit card or debit card, we will use your credit card or debit card information for the purposes of processing any cash back you may earn to your selected credit card or debit card account.

Fluz uses information in your profile or related to your activities on the Fluz Service in order to personalize the application experience for you (such as remembering your information so that you will not have to re-enter it during your visit or the next time you use the Fluz Service), and to understand and analyze the usage trends and preferences of our users, to improve the way the Fluz Service works and looks, and to create new features and functionality.

Fluz uses automatically collected technical information, “cookies” information, and any other information we collect from you during registration or at other times to: (a) provide customized third party advertisements, content, and information; (b) monitor and analyze the effectiveness of the Fluz Service and third party marketing activities; (c) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (d) track your entries, submissions, and status in any promotions or other activities.

Payment Card Network Transactions and Your Data.

Notwithstanding anything else in the Privacy Policy, Fluz or Reward Partners will use information related to purchases with your enrolled Payment Card Network card solely to enable your participation in the Fluz or Reward Partner’s program and for no other purpose. Specifically:

• Fluz or Reward Partners will use your transaction data to confirm a qualifying purchase or return to match transactions to confirm whether you qualify for a Reward or an Offer, which may include Fluz sharing your transaction-related data with our Reward Partners.
• Fluz or Reward Partners may share transaction data with the participating merchant where a transaction occurred as needed for the merchant to confirm a specific transaction occurred or points should be awarded; for example, Fluz or Reward Partners may share the date and amount of your purchase and the last 4 digits of your card number so the merchant can verify your purchase with its records if there is a missing or disputed transaction.
• Fluz or Reward Partners may provide participating merchants or manufacturers aggregated and anonymized information relating specifically to enrolled card activity solely to allow our participating merchants to assess the results of their campaign.
• Fluz or Reward Partners may create a record of the transaction data and thereafter maintain and use data in connection with operating Fluz rewards program.
• Fluz or Reward Partners may conduct analysis for the improvement and optimization of the Fluz rewards program.
• Fluz or Reward Partners and/or Payment Card Network may provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant.

You authorize the sharing, exchange and use of transaction data described above and herein by and among Fluz and Fluz’s Rewards Partners, applicable Payment Card Networks and applicable merchants.

IMPORTANT NOTE: You may opt-out of transaction monitoring on the payment card(s) you have registered at any given time by:

1. Go into your settings by clicking the Settings icon on the navigation bar
2. Click on the Cards section
3. Click on the trash bin
4. Confirm that you want to remove the linked card

Protection & Storage

We store and process your personal and financial information and electronic copies of all correspondence through Google Cloud and VGS. This information is protected by physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations. The privacy policies and security systems utilized by these parties can be viewed at https://cloud.google.com/security/privacy, and https://www.verygoodsecurity.com.

Sharing Your Information with Third Parties

Fluz is not in the business of selling your information, and we take your privacy very seriously. In the course of providing the Fluz Service to you and other users, we make limited disclosures of your information to others for a variety of purposes.

The Fluz Service may currently or in the future enable users to publish information and communicate in a variety of ways. Any personally identifiable information that you voluntarily choose to make available to others through use of the Fluz Service, such as on a public profile page or in a comment, posting, or in other User Content, will be available for use without restriction to the recipients. Once you make your personal information available to others in this manner, Fluz cannot control how it is collected, used, and disclosed by the recipients. If you choose to use features on the Fluz Service that allow you to publish or syndicate information to third party services such as Facebook, use and disclosure of any information you choose to disclose in this manner will be subject to such third party’s privacy policies.

Although we may allow you to set privacy options that limit access to your User Content, 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 User Content you post on the Fluz Service will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained in the Fluz Service.

Fluz works with a variety of third party service and content providers to provide development, hosting, maintenance, support, and content as well as other business services, including the processing of payment information. These providers may have access to or process your personally identifiable information. These providers are generally subject to terms comparable to this Privacy Policy, and limited to using the information the purpose for which it was provided.

Fluz may also share automatically collected and other non-personally identifiable information in an aggregate form (such as user trends, application downloads, and demographic information) with a variety of third parties, including our affiliates, advertisers, publishers, and other current and prospective investors or business partners. This information may be used to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Fluz Service.

In the event that the Fluz Service links to certain third party content which requires access credentials (such as a name, user ID, or password) for access, we may provide the access credentials that you give to us to the operator or website owner of the third party content in order to facilitate and enable your access to that third party content.

We share your information with third parties where we believe such sharing is 1) incidental to our ordinary business operations (e.g., emailing you through a third party server), 2) legally required or when we choose to collaborate with a law enforcement agency in the investigation or other law enforcement activity, 3) useful to protect and defend our rights and property, 4) useful to protect the personal safety or property of our customers or the public, or 5) authorized by you.

If the ownership of all or a portion of the Fluz’s business, or individual business units owned by Fluz, were to change, such as through a merger or acquisition, your user information may be transferred to the new owner in connection with that transaction. In any such transfer of information, your user information would remain subject to Privacy Policy it was subject to at the time of transfer.

Third Party Advertising

Advertisements that may appear on the Fluz Service are sometimes delivered (or “served”) directly to users by third party advertisers. They automatically receive your IP address or device ID when this happens. Third party advertisers may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Third party advertisers have no access to your contact information.

Fluz does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in. However, please note that if an advertiser asks Fluz to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they were trying to reach.

You should consult the respective privacy policies of these third-party ad servers or ad networks. Fluz’s Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or websites.

Changing or Removing Information

Fluz users may modify or delete certain profile information at any time by logging into their account. Information will be updated promptly in active user databases. Individuals who wish to deactivate their Fluz Service account may do so by editing their user accounts or by emailing us at [email protected]. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to other Users. Further, even after removal, copies of User Content may remain viewable in cached and archived form or if other Users have copied or stored your User Content or if you shared specific information publicly through various social channels.

Security

Fluz takes certain precautions to protect our users’ information and to limit the risk that it will be accessed without authorization, including use of certain industry standard technologies and practices. We cannot, however, ensure or warrant the security of any information you transmit to Fluz, and you do so at your own risk. If Fluz learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Fluz may post a notice through the Fluz Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach, or if you have any questions about the security of Fluz applications, please contact us at [email protected]

Modifications to this Policy

As specified in the Terms, Fluz may from time to time revise this Privacy Policy. If we do, we will post those changes on this page and indicate the new effective date so that you are always aware of what information we collect and how we use it. For changes to this Policy that may be materially less restrictive on our right to use or disclose your personal information, we will attempt to notify you before implementing the change. Without your consent, we will only use and disclose your information in a manner consistent with the version of the Privacy Policy that was in effect at the time we collected that information. We encourage you to periodically review this Policy to stay informed about how we are protecting the information we collect from you.

Data Collection Policies

This Policy describes how we collect, use, transfer, and safeguard information about you and your options regarding accessing or modifying such information. The Policy applies when you:

• Agree to the Fluz Terms and Conditions
• Visit or utilize a Fluz website on which this Policy is posted
• Download any Fluz Service (such as the Fluz Rewards app) to your mobile device
• Create a Fluz account through the Fluz app or any other account for a Fluz Service
• Use any Fluz Service to conduct a Payment Method transaction, carry out any Fluz Merchant Loyalty/Rewards Account program function (such as point accrual or reward redemption) using a Fluz Service, or to opt-in, review or redeem any advertisements or offers through a Fluz Service

In this Policy we use the terms “personal information” and “personally identifiable information” or “PII” to describe information that can be associated with an individual and can be used to identify that individual. We do not consider personal information or PII to include information that has been anonymized or aggregated so that it does not identify an individual. You represent that if you give us PII on behalf of someone else, the person providing the PII to you gave you consent to provide their individual information to Fluz. If someone else gives us PII on your behalf, you represent that you gave that person consent to provide your PII to Fluz.

Definitions

In this Policy, the following definitions apply:

“Fluz” means the Fluz standalone mobile app or any payment functionality Fluz provides in any separate Fluz Merchant app.

“Fluz Account” means the account you create by registering your mobile device to use the Services through either the Fluz app or any separate Fluz Merchant app using Fluz.

“Feedback” means all feedback, suggestions, and ideas you provide to Fluz concerning improvements or enhancements to the Services. “Feedback” may also include survey responses or other reporting methods.

“Loyalty/Rewards Account” means a loyalty/rewards account you have with a participating Fluz Merchant that you choose to load into your Fluz Account that will be used in conjunction with all of your purchase of goods and services at that participating Fluz Merchant unless and until you remove that Fluz Merchant’s Loyalty/Rewards Account from Fluz.

“Fluz Merchant” means a merchant that participates in the “Fluz Network.”

“Fluz Network” means the mobile payments network developed and managed by Fluz Inc., which includes the Fluz app and any other product or Service created, developed or facilitated by Fluz.

“Payment Method” means the payment type or account you load into your Fluz Account to pay for goods and services at participating Fluz Merchants.

“Personal Information” or “Personally Identifiable Information” (or “PII”) means information that can be associated with an individual and can be used to identify that individual, and may include Feedback, User Generated Data or any other PII necessary to participate in the Services.

“Services” means the mobile products or services offered by Fluz online and offline.

“Third-Party Provider” means a third-party service provider retained by Fluz whose products, services or support may be used to provide the Services, including Payment Method issuers.

“User Generated Data” means any information generated by your use of the Services, including automatic reporting and other tools that give you the ability to create, post and distribute various forms of content for, and in connection with, the Services, including, but not limited to: payment transaction data; pictures; photographs; videos; and other information, including content generated by you. For pictures, photographs, and videos, the User Generated Data includes only those pictures, photographs, and videos that you take through Fluz, and does not include those pictures, photographs, and videos you take via the standard functions on your mobile device, or that you take through any other app not related to Fluz.

How We Collect Information

Fluz collects information from you regarding your use of the Services in the following ways:

Fluz will collect information from you, including PII, when you interact with the Services. For example, you provide information to Fluz when you:

• Sign up for the Fluz app, update profile information, or any other Fluz information
• Add a Payment Method to Fluz
• Initiate or complete a Payment Method transaction, a Loyalty/Rewards Account transaction or redeem an offer using the Services (including the location information of the physical point-of-sale terminal where such Payment Method transaction or Loyalty/Rewards Account transaction occurs for Fluz’s operational uses, such as transaction record information and fraud detection/prevention)
• Opt-in to receive advertising or offers or other marketing communications as part of the Services
• Interact with any advertising or offers in the Services
• Redeem a promo code or other offer
• Complete a survey related to the Services
• Receive customer support

In addition, Fluz may collect other information through the Services. For example, Fluz collects data through use of technologies such as:

• Location-based services for which you opt-in or location detection technology, such as GPS signals, sent by your mobile device
  • Please note that failure to opt-in for location-based services using your mobile device may reduce or eliminate some of the Fluz features or other Services available to you
• Device identifiers (such as unique device identifiers or device fingerprint)
• Data analytics (such as analyzing anonymized and aggregated data generated by the Services)
• Services analytics (such as diagnostics to improve the functionality of the Services)
• Physical point-of-sale terminals for advertising and marketing Services that you opt-in to receive

Fluz Inc. sometimes obtains PII from other sources, such as through mergers and acquisitions with other companies, as well as through commercial arrangements with Third-Party Providers, business partners, and other sources. Information Fluz receives from a third party is subject to your separate agreement with such third party, unless you enter into a separate agreement with Fluz or otherwise give Fluz your permission to use such information. Fluz may merge information Fluz receives from third parties with information Fluz has collected or will collect subject to such limitations.

Some elements of Fluz’s Services such as events, websites, apps and offers may be co-branded and offered in conjunction with a Fluz Merchant. For example, Fluz may provide the Services through a Fluz Merchant via the Merchant’s own branded app. If you provide information in these instances, both Fluz and the Fluz Merchant involved in the transaction may receive information from that transaction and may use the information according to each entity’s privacy policy and any other agreement each Fluz Merchant may separately have with you.

We collect location data, including background location, for security and fraud prevention.

Information We Collect

You must provide Fluz with the following information in order to use the Services requested:

• Your full legal name, date of birth, physical address, email address, and mobile device number
• Payment transaction data and details for payments made for goods and services at participating Fluz Merchants
• Payment Method data you choose to enter into Fluz, as well as information needed to complete Payment Method transactions. Payment Method data may include your bank account information, credit or debit account or gift card or stored value account details, related security codes or other payment credentials
• Additional PII required for authentication of Payment Methods you choose to enter into Fluz, such as driver’s license number, social security number, or answers to challenge and response questions used to authenticate your identity.
  • Please note driver’s license number, social security number, and challenge and response question information is only used for authentication by Fluz’s authentication Third-Party Provider or by a Payment Method issuer where you instruct Fluz to load your Payment Method with the Issuer into your Fluz Account. Such information is not retained by Fluz, is not used for marketing purposes by Fluz or any of its Third-Party Providers, and is not shared with or disclosed to any other unaffiliated third parties. If you would like to access the privacy policy for Fluz’s authentication Third-Party Provider, please contact Fluz Customer Care at +1 646-760-7479, or by submitting an email to [email protected]
• Loyalty/Rewards Account IDs or account numbers

Optional circumstances that may necessitate PII collection:

• Interest in and use of advertising, marketing and offers in conjunction with use of Fluz
• Responses to survey questions regarding the Services
  • Please note if you participate in surveys, Fluz will collect the information you provide to Fluz, which may include PII
• Your user preferences, product and Services interests, communication choices, and other user profile information, including Feedback and User Generated Data
• Your protected health information, claims or other information used to measure your health or wellness if such information is included in your Payment Method transactions
  • Please note that while direct protected health information is not normally required for a Payment Method transaction, some protected health information, such as the number of prescriptions you purchase each month, or the location of the pharmacy or store where you purchase prescriptions, may be included in information generated in conjunction with a Payment Method transaction.

General Information Automatically Collected by Fluz When You Use the Services

Fluz uses location detection technology to determine your approximate location, nearby Wi-Fi access points, and cell towers. When you use the Services, Fluz automatically collects and stores certain information in activity logs such as details of how you used the Services.

Special information is automatically collected for certain Services. For example, if you use the Services in connection with a mobile device or mobile application, Fluz will automatically collect additional information about you, your device, and the Services on your device such as:

• Mobile device settings and operating information such as system and version; screen resolution; services version (e.g. 1.0, 2.0, etc.); and device type, identifiers or capabilities
• System activity
• Hardware settings
• Total amount of time spent in the Services
• User creation time
• Length of Services session