Flext Privacy Policy

Last updated: August 13, 2024

This Privacy Policy describes Flext’s policies and procedures on the collection, use and disclosure of Your information when You use the Flext Software and tells You about Your privacy rights and how the law protects You.

By using the Service, You agree to the collection and use of certain information in accordance with this Privacy Policy.

1. Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of this Privacy Policy:

  1. Account means a unique account created for You to access the Flext Software.
  2. Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control“ means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  3. Flext Software refers to the cloud-based software for the purpose of providing real-time connectivity, operational visibility, operational signals and alerts, and operational insights between energy providers and energy consumers, as well as enabling invoicing on demand.
  4. Device means any device that can access the Flext Software, such as a computer, a cellphone, or a digital tablet.
  5. Personal Data is any information that relates to an identified or identifiable individual.
  6. Usage Data refers to data collected automatically, either generated by the use of the Flext Software or from the Flext Software infrastructure itself (for example, the duration of a page visit, the IP address in which the Flext Software is accessed from the cloud, etc.).
  7. You means the individual accessing or using the Flext Software, or the company, or other legal entity on behalf of which such individual is accessing or using the Flext Software, as applicable.

2. Collecting and Using Your Personal Data

We do not collect any Personal Data from visitors to our website. As part of our Terms Of Use ¶3, we do collect certain Personal Data in creating a personal user account in order to use the Flext Software. We may also collect Usage Data, which we use to provide features of the Flext Software, and to monitor the usage of the Flext Software by authorized users. All Personal Data or Usage Data will not be disclosed for any other purpose without Your consent.

3. Retention of Personal Data and Usage Data

Flext will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Flext will retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security of the Flext Software, to improve the functionality of the Flext Software, or we are legally obligated to retain this data for longer time periods.

4. Transfer of Your Personal Data

Your Personal Data is processed at Flext’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

Flext will take all steps reasonably necessary to ensure that Your Personal Data and Usage Data is treated securely and in accordance with this Privacy Policy, and that no transfer of Your Personal Data or Usage Data will take place to an organization or a country unless there are adequate controls in place to secure Your Personal Data or Usage Data.

5. Permissible Disclosure of Your Personal Data

  1. Business Transactions - If Flext is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
  2. Law enforcement - Under certain circumstances, Flext may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
  3. Other legal requirements - The Company may disclose Your Personal Data in the good faith belief that such action is necessary to: (i) Comply with a legal obligation; (ii) Protect and defend the rights or property of Flext; (iii) Prevent or investigate possible wrongdoing in connection with the Flext Software or Your use of the Flext Software; (iv) Protect the personal safety of other Users of the Flext Software or the public; or (v) Protect against legal liability.

6. Security of Your Personal Data

The security of Your Personal Data is important to Flext, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect Your Personal Data, we cannot guarantee its absolute security.

7. Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

8. Contact Us

If you have any questions about this Privacy Policy, you can contact Flext at: support@flext.live