This privacy policy (“Privacy Policy”) has been published in order to help the Customer and the End User understand what information of the Customer and End User is collected by Flock through Flock SAAS, the purpose, means and modes of usage of such information; and how and to whom such information which has been collected will be disclosed.
For the purpose of this Privacy Policy, and where the context so requires, “Flock” , “Company”, “our”, “we” or “us” shall mean Flock FZLLC, with its registered office at Opposite Double Tree Hilton Hotel Business Centre 4, Ras-al-Khaimah United Arab Emirates, and wherever the context so requires, the “Customer”, “End User”, “User”, “you” or “your” will refer to any individual or body corporate who uses Flock SAAS.
This Privacy Policy is effective as of the date you confirm your acceptance to this Privacy Policy through an online checkbox, “I agree” button or, any similar acceptance mode (“Acceptance Confirmation”).
(App’s) use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
We reserve the right to make changes to this Privacy Policy at any time. Any such modification will become effective immediately upon Flock posting it on its website and your continued use of Flock SAAS constitutes your agreement to such modifications. You agree to periodically review the current version of the Privacy Policy posted by Flock. If you do not agree with the terms of this Privacy Policy, please do not use Flock SAAS.
1. Definitions
For the purpose of this Privacy Policy, the key terms are defined as follows:
1.1 “Customer” shall have the meaning ascribed to it in the Terms of Use (defined below);
1.2 “Data” means the Personal Data that Flock obtains when it (a) collects such information from the Customer and/or EndUser when they use Flock SAAS, or (b) collects such information automatically when the Customer and/or End User use Flock SAAS;
1.3 “End User”shall have the meaning ascribed to it in the Terms of Use (Defined Below);
1.4 “End User Account” means a Flock account established by the Customerthrough Flock SAAS for an End User;
1.5 “EU Resident” refers to the individual of the European Union who is governed by the provisions of GDPR (defined below);
1.6 “Flock SAAS” shall have the meaning ascribed to it in the Terms of Use (defined below);
1.7 “Personal Data” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, can identify such person;
1.8 “Terms of Use” as the context requires, refers to either the Customer’s terms of use or the End User terms of use.
2. Data that we collect
2.1 The Data we collect from you includes but is not limited to the following:
(a) Name and contact data: This can include your first name, last name, email address, postal address, phone number or any other similar data;
(b) Credentials: Passwords, password hints, and similar security information used for authentication;
(c) Demographic data: Data about your age, country, gender;
(d) Subscription and license data: Data about any subscription, plan or other features that you have selected related to Flock SAAS;
(e) Content: Content of any files and communications you input, upload, receive, create and control. For example, if you transmit an email using our mail service, we need to collect the content of that email to display it to both you and the recipient of such email;
(f) Data automatically collected: During your usage of Flock SAAS, Flock will be collecting the following Data automatically:
- Data about your device, including information about your device’s hardware and software, error reports, and troubleshooting and help data;
- Location data: We collect the details of your device’s location using any Global Navigation Satellite System (for example, GPS) or using any other technology that will enable us to collect your location;
- Voice Data: Any voice or audio you speak whilst using Flock SAAS;
- Video Data: Any video you transmit whilst using Flock SAAS;
(g) Feedback and Rating: the informationyou provide to us and the content of messages or emails you send us, such as feedback, survey data and Flock SAAS reviews.
3. Your Billing Information
3.1 If you are required to makea payment to Flock for any of our services, while making the payment, we may collect your billing details such as name, billing address, contact number and redirect you to our Online Payment Gateway Service Provider (“OPGSP”). We do not collect or store your credit/debit card details or your net-banking details on our servers. You agree and acknowledge that your submission of credit/debit card details or net-banking details to the OPGSP will be governed by the terms stipulated in the OPGSP’s terms of use and privacy policy.
4. Processors
4.1 In order to operate Flock SAAS, Flock engages Processors (as defined in GDPR). Flock represents that it engages all of its Processors in accordance with the provisions of GDPR. A current list of Processors (as defined in GDPR) engaged by Flock for the purpose of providing Flock SAAS can be accessed here. The GDPR governs how Flock may process your information and the rights that EU Residents have in relation to your Data.
4.2 Flock reserves the right to change the processors it engages under this Privacy Policy at any time. Any such modification will become effective immediately upon Flock updating the above mentioned link and your continued use of Flock SAAS constitutes your agreement to such changes. You agree to periodically review the above mentioned link. If you do not agree with the terms of this Privacy Policy, your sole remedy is to stop using Flock SAAS.
5. Retention of Data
5.1 Unless required by applicable law, Flock will retain all Data only for as longas necessary for Flock to perform its obligations under the Terms of Use and under this Privacy Policy. On the expiry of each Terms of Use applicable to you, unless required to perform any services, or commercially unreasonable to do so, or as required by any applicable law or regulation, Flock may delete any Data that it has collected under each individual Terms of Use within 60 (Sixty) business days after the termination of such Terms of Use.
6. Rights in Respect to your Data
6.1 You may export a copy of your Data or delete your Data from Flock SAAS if you want to back it up or use it with a service not provided by Flock. However, we may retaina copy of your Data on our servers for legitimate business purposes or if it is required under applicable law.
6.2 Subject to the provisions of applicable law, you are entitled to the following rights:
(a) Request access to Personal Data: Unless prohibited by applicable law, you are entitled to know whether we have any Personal Data about you, and if we do, you can request to obtain a copy of the same;
(b) Request for rectificationof Personal Data: You can ask us to rectify any inaccurate or incomplete Data;
(c) Object to the processing of Data: you can request us to stop processing any of your Data;
(d) Erase all Data: you can request us for the deletion of all Data. If Flock receives such a request from the End User, the same will be forwarded to the Customer for prior approval.
6.3 In addition to the rights described in Clause 6.1 and Clause 6.2 of this Privacy Policy, you may have additional rights pursuant to GDPR. If, despite our commitment and efforts to protect Data, you believe that your data privacy rights have been violated or if you wish to enforce any of your rights or if you wish to withdraw your consent for us using your Data, we encourage you to come to us first to seek resolution of any complaint by contacting us at [email protected]. EU Residents have the right at all times to register a complaint directly with the relevant supervisory authority or to make a claim against Company with a competent court.
7. Sharing/ transferring your Data
7.1 Flock will share your Data only in accordance with this Privacy Policy. Flock may also hire third parties to provide services on its behalf for which Flock may have to share your Data with such third parties. We will only share your Data to accomplish the purposes for which we have collected your Data. These third parties are contractually required to maintain the confidentiality of your Data and are contractually prohibited from using your Data for any other purpose.
7.2 However, in the event the Subscription (as defined in the Terms of Use) has been purchased from a Partner (as defined in the Terms of Use), then such Partner may have access to your Data as outlined in the Partner’s terms of use or any such similar document.
7.3 Notwithstanding specific conditions under GDPR for sharing Data of EU Residents, Flock may share your Data in various situations including but not limited to the following conditions:
- After Flock has obtained your consent for the same. Flock will deem to have received your consent upon your Acceptance Confirmation; or
- When we believe in good faith that disclosure is necessary to protect our rights or property; or
- To protect your rights and safety; or
- To investigate fraud or respond to a government, judicial or other legal requests; or
- To comply with any applicable law; or
- In the event Flock merges or is acquired by another company.
7.4 Cross border transfer of EU Resident Data:In the event we transfer any EU Resident Data to a third party service provider located outside the EU and/or is not subject to the jurisdiction of the EU Commission, we will ensure that such third party service providers have appropriate safeguards for your information by way of entering into a binding agreement that provides for the same.
8. Data Protection Measures
8.1 We maintain organizational, physical and technical security arrangements for all Data we hold. We adopt market leading security measures to protect your Data.
8.2 Regarding use of Flock SAAS, you should understand that the open nature of the internet is such that information and Data flows over networks connecting user to our systems without security measures and may be accessed and used by people other than those for whom the data is
9. How you can opt out of Marketing Communications and other non-essential communications
9.1 If you wish to opt out of receiving non-essential (promotional, marketing-related) communications from us, after setting up an account, they may choose to do so by making such preference changes within the application.
10. Cookies and data analytics
10.1 Flock SAAS uses cookies, which are files that the web browser puts on a system when you use Flock SAAS, to store certain information that is not your Data. The information collected through these cookies is used by us for the technical administration of Flock’s research and development, and to improve the quality of Flock SAAS.
10.2 We may use third party cookies to track visitor behaviour and to improve the quality of Flock SAAS. However, such cookies will not store any kind of Data, nor will such information be disclosed to any third party.
10.3 These cookies are intended to be automatically cleared or deleted when you stop using Flock SAAS. Users have a variety of tools to control cookies, web beacons and similar technologies, including browser controls to block and delete cookies and controls from some third-party analytics service providers to opt out of data collection through web beacons and similar technologies. Users browser and other choices may impact experiences with our products.
10.4 The information we collect with cookies is not sold, rented, or shared with any third parties, other than for internal development and maintenance of the Flock SAAS.
10.5 Notwithstanding anything mentioned in Clause 10.1 to 10.4 above,Flock will routinely analyse your Data to help improve the way we run our business and Flock SAAS. We use your Data for data analytics, particularly to understand how our services are used, but this information is not personal information as it is.
11. How will Flock use your data
11.1 We use this information to:
- provide you with Flock SAAS and to maintain, manage and improve Flock SAAS;
- send you notifications and communicate with you;
- provide you with customer support including technical support and troubleshooting;
- fulfill our obligations as outlined in the Terms of Use;
- protect you and conduct security investigations and fraud and abuse analysis;
- comply with our legal obligations, for example when assisting governments and law enforcement agencies or regulators (as may be required by law);
- improve the safety and reliability of Flock SAAS. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm Flock SAAS, you, our users, or the general public.
12. Third party links
12.1 Flock SAAS may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Flock SAAS. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
12.2 Flock SAAS does not intend the Linked Sites to be referrals to, endorsements of, or affiliationwith the linked entities.
12.3 On accessing the Linked Sites, you shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that Flock SAAS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.
13. Push Notifications
13.1 If you have enabled notifications on Flock SAAS on either your desktop or mobile, we will push notifications through a push notification provider such as Apple Push Notification Service, Google Cloud Messaging or Windows Push Notification Services. You can manage your push notification preferences or deactivate these notifications by turning off notifications in the application or device settings.
14. Governing Law and Dispute Resolution
14.1 This Privacy Policy shall be governed by the laws of Singapore.
14.2 And dispute arising out of or in connection with this Privacy Policy, including any questions regarding its existence, validity and termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of SIAC (“SIAC Rules”) for the time being in force which rules are deemed to be incorporated by reference to this clause.
14.3 The tribunal will consist of 1(One) arbitrator who will be appointedby the parties mutually. If the parties are unable to appoint an arbitrator mutually, the arbitrator shall be appointed by SIAC as per the provisions of the SIAC Rules.
14.4 The seat of the arbitration will be Singapore and the language of the arbitration shall be English.
14.5 Each party shall bear their own costs and expenses incurredin connection with the arbitration proceedings, unless otherwise awarded by the arbitrator in the arbitral award.
14.6 Nothing herein shall preclude either party from seeking interim or permanent equitable or injunctive relief, or both, from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any remedy for monetary damages through the arbitration described in this Clause 14.
14.7 Subject to Clause 14.2 above, Courts in Singapore shall have exclusive jurisdiction upon all matters arising out of this Privacy Policy.
15. Grievance Desk
15.1 If you have any questions about the terms of this Privacy Policy or do not understand any of the provisions, you can contact our grievance desk at [email protected].
15.2 If you want to raise any concerns or report a security bug then you can write to us at [email protected]