PRIVACY POLICY

FLUTTER CARE INC.

 

Last modified: September 6, 2021

 

INTRODUCTION

Flutter Care Inc. and our affiliates and subsidiaries ("Flutter Care" or "We") respect your privacy and are committed to protecting it by complying with this Privacy Policy. This Privacy Policy describes:

  1. How we collect, use, disclose, and protect the Personal Information (defined below) of our customers and website users ("you").

  2. The types of information we may collect from you or that you may provide when you visit the website https://www.fluttercare.com/ (our "Website"), or when you download, install, register with, access, or use Flutter Care’s mobile application (the “App”).

  3. Our practices for collecting, using, maintaining, protecting, and disclosing that information.

 

We will only use your personal information in accordance with this Privacy Policy unless otherwise required by Applicable Law. We take steps to ensure that the Personal Information, defined below, that we collect about you is adequate, relevant, not excessive, and used for limited purposes.

 

This Privacy Policy is designed to provide transparency regarding Flutter Care’s privacy policies with respect to your health and other personal information we collect from you when you use our Website or our App, in accordance with the rules and protections around such information under  British Columbia’s Personal Information Protection Act, SBC 2003, c. 63 (“PIPA”), and other applicable legislation. 

We do not intend that the Website and App be used outside of Canada, the U.S. and European Union. If you are using the Website and App from outside these countries/regions, we ask that you fully assume all risks of using the Website and App.

 

The PIPA and other privacy laws in Canada generally define "personal information" as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. 

 

Please read this Privacy Policy carefully to understand our policies and practices for collecting, processing, and storing your information. If you do not agree with our policies and practices, your choice is not to use our Website or our App. By accessing or using our Website or our App, you indicate that you understand, accept, and consent to the practices described in this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). 

Your continued use of our Website or our App after we make changes indicates that you accept and consent to those changes, so please check the Privacy Policy periodically for updates. We will notify you in advance of any material changes to this Privacy Policy and obtain your consent to any new ways that we collect, use, and disclose your Personal Information.

This Privacy Policy applies to information we collect, use, or disclose about you:

  1. On our Website or through our App.

  2. In email, text, and other electronic messages between you and our Website or our App.

  3. Through mobile and desktop applications you download from our Website, which provide dedicated non-browser-based interaction between you and our Website or our App.

  4. through links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

 

This Privacy Policy DOES NOT apply to information that:

  1. We collect offline or through any other means, including on any other Flutter Care or third-party website or mobile application (including our affiliates and subsidiaries).

  2. You provide to or that is collected by any third party (including our affiliates and subsidiaries), through any application or content (including advertising) that may link to or be accessible from or on our Website or from or on our App.

 

DEFINITIONS

 

Capitalized terms in this Privacy Policy, where not defined below, shall have the same meaning as in the Flutter Care’s Terms and Conditions of Use (“Terms and Conditions”). In addition:

  1. “Applicable Law” means (for so long as and to the extent that they apply to the Company) the law of Canada, the U.S., and the GDPR in the European Union.

  2. “California Policy” means the policy at Schedule “A” applicable to California residents only.

  3. “GDPR” means the European General Data Protection Regulation (EU) 2016/679.

  4. “User” refers to a person or entity that has been granted access to the Website or App and who has agreed to be bound by the Terms.

  5. “User Contributions” refers to content that has been contributed to by users of the application, including personal information.

 

INFORMATION WE COLLECT ABOUT YOU

 

We collect and use several types of information from and about you, including:

 

  1. Personal information, that we can reasonably use to directly or indirectly identify you, such as your name, date of birth, country of origin, mailing address, e-mail address, telephone number, Internet protocol (IP) address used to connect your computer to the Internet, user name or other similar identifier, personal health information, your age or other identifying information, and any other identifier we may use to contact you ("Personal Information"). 

 

For registration and use of the Website and App, we require some further information about your pregnancy such as: your pregnancy status, due date, dating method, last menstrual period, conception date, whether you used IVF or other similar fertility treatments, IVF method (own eggs v. donor eggs), fresh donor embryo cycle, 3-day FET, 5-day FET, method type and date of egg retrieval, ultrasound details including date of ultrasound and how far along determined at ultrasound, whether carrying single, twin triplet, etc. pregnancy, and other related information we may request from time to time. 

 

In addition to the above information, we may ask you some further biographical and personal questions that are completely optional. These optional questions may include: Ethnicity, Minority group identification, Physical disability, Intellectual disability, LGBTQ+ status, Low-income status, Previous history of miscarriage, Previous history of stillbirth, Previous history of abuse, and other similar information. We reiterate that these questions are entirely optional. 

In addition, we provide an opportunity for any user to unsubscribe from our newsletters or emails or opt-out of contact for marketing purposes on an ongoing basis by accessing our Website or our App, using the unsubscribe mechanism at the bottom of our emails, or e-mailing to hello@fluttercare.com

  1. Payment information, including credit card or other mode of payment data. Financial transactions relating to our Website and App, as and when they are offered, will be handled by our third party payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments and related transactions.

  2. Non-personal information, that does not directly or indirectly reveal your identity or directly relate to an identifiable individual, such as generalized data, demographic information, or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from Personal Information. For example, we may aggregate Personal Information to calculate the percentage of users accessing a specific Website or App feature. 

 

We may collect and share anonymized, non-personal information with ethics board-approved bio-medical or health researchers, pursuant to PIPA and federal privacy legislation. 

  1. Technical information, including your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Website and/or App, Website or App pages viewed, sections of the Website or App used or viewed, and usage details.

 

Non-personal details about your Website or App interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Website and/or App (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number.

 

HOW WE COLLECT INFORMATION ABOUT YOU

Methods of Collection

We use different methods to collect your information, including through:

  1. Direct interactions with you when you provide it to us, for example, by filling in forms, registering for an account, or corresponding with us by phone, email, or otherwise. 

  2. User Contributions. You may also provide User Contributions or other information for us to publish or display on public Website or App areas or transmit to other Website or App users or third parties.

  3. Automated technologies or interactions, as you navigate through our Website or App. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

  4. Third parties or publicly available sources, for example, our business partners.

 

Information You Provide to Us 

The information we collect directly from you on or through our Website or App may include:

  1. Information that you provide by filling in forms on our Website or App. This includes information provided at the time of subscribing to a newsletter, registering through authentication with the Website or on the App, posting material, and/or requesting further services. We may also ask you for information when you report a problem with our Website or App.

  2. Personal health information, such as but not limited to, your fetus’ movements, your age, whether you used any fertility treatments, stage of pregnancy, health changes, sleep changes, and number of fetal kicks. 

  3. Records and copies of your correspondence (including email addresses), if you contact us.

  4. Your responses to surveys that we might ask you to complete for research purposes.

  5. Your search queries on the Website or App.

 

You may also provide information to be published or displayed (hereinafter, "posted") on public areas of the Website or App or transmitted to other users of the Website or App or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect. Additionally, we cannot control the actions of other users of the Website or App with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that unauthorized persons will not view your User Contributions.

 

Information We Collect Through Cookies and Other Automatic Data Collection Technologies  

As you navigate through and interact with our Website or App, we may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: details of your visits to our Website or App, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website or App.

We also collect information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is statistical data and may include Personal Information, and we may maintain it or associate it with Personal Information we collect in other ways that you provide to us, or receive from third parties. It helps us to improve our Website and App and to deliver a better and more personalized service, including by enabling us to:

  1. Estimate our audience size and usage patterns.

  2. Store information about your preferences, allowing us to customize our Website and App according to your individual interests.

  3. Speed up your searches.

  4. Recognize you when you return to our Website or App. 

 

The technologies we use for this automatic data collection may include:

  1. Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website or App. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or App. 

  2. Flash Cookies. Certain features of our Website or App may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website or App. Flash cookies are not managed by the same browser settings that are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

  3. Web Beacons. Pages of our Website, App, and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Flutter Care, for example, to count users who have visited those pages or opened an email and for other related website or mobile application statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

 

Third Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Website or App, including advertisements, are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website or App. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content.

 

You can opt-out of several third party ad servers' and networks' cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada or an opt-out tool created by the Network Advertising Initiative. You can also access these websites to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.

 

We do not control these third parties' tracking technologies or how they are used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For more information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

 

Information We Collect Through Third Parties

We may collect information about you from third parties with your consent, or where otherwise permitted by law. We may use information collected from third parties to present you with services or products that we determine you may be interested in. 

 

HOW WE USE YOUR INFORMATION

 

We use information that we collect about you or that you provide to us, including any Personal Information:

  1. To present our Website and/or App and its contents to you.

  2. To provide you with information, products, or services that you request from us or that we may consider of interest to you. These may include offering insights into your health, showing you content relevant to your fertility, pregnancy and parenting journey, providing support and troubleshooting, offering health coaching or otherwise personalizing the Website or App for you.

  3. To fulfill the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it.

  4. To carry out our obligations and enforce our rights arising from any contracts with you, or to comply with legal requirements.

  5. To notify you by email or other means about changes to our Website or App or any products or services we offer or provide through it.

  6. To improve our Website or App, products or services, marketing, or customer relationships and experiences. For this purpose, we may calculate active users, daily user engagements and duration of each, App status and maintenance, version adoption, acquired users. user retention (weeks, percentage of users), audience metrics, country of access and other relevant data. 

  7. To allow you to participate in interactive features, social media, or similar features on our Website and/or App. 

  8. To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.

  9. To provide certain ethics board-approved organizations with information for research purposes, in compliance with the PIPA’s rules governing access to health information for approved medical research purposes.

  10. To create de-identified data and aggregated data and statistics

  11. To conduct clinical and scientific research to potentially draw connections between experiences, outcomes, and demographic/health profile of users to understand maternal health challenges. These research insights could potentially be shared with health care administrators, policy makers and public policy researchers

  12. In any other way we may describe when you provide the information.

  13. For any other purpose with your consent.

 

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

 

DISCLOSURE OF YOUR INFORMATION

 

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

 

We may disclose Personal Information that we collect or you provide as described in this Privacy Policy:

  1. To our subsidiaries and affiliates.

  2. In accordance with Applicable Law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Flutter Care’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Flutter Care about our customers and users is among the assets transferred.

  3. To advertisers and advertising networks that require the information to select and serve relevant advertisements to you and others. We do not disclose data about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 400 women between 30 and 45 have clicked on their advertisement on a specific day). We may also use such aggregate information to help advertisers target a specific audience (for example, expectant mothers in a specific location). We may make use of the Personal Information we have collected from you to enable us to display our advertisers' advertisements to that target audience.

  4. To Company personnel including but not limited to executive and management personnel and employees including developers, designers, researchers, data engineers.

  5. To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.

  6. To contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website and App improvement and optimization) and who are contractually obligated to keep Personal Information confidential, use it only for the purposes for which we disclose it to them, and to process the Personal Information with the same standards set out in this Privacy Policy.

  7. To fulfill the purpose for which you provide it. 

  8. For any other purpose disclosed by us when you provide the information.

  9. With your consent.

 

We may also disclose your Personal Information:

  1. For research purposes, under section 21 of the PIPA, to any research ethics board-approved research organization, in which case the disclosure shall be in compliance with the PIPA.

  2. To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with Applicable Law.

  3. To enforce or apply our Terms and Conditions of Use and other agreements, including for billing and collection purposes.

 

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Flutter Care, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

TRANSFERRING YOUR PERSONAL INFORMATION

 

We may transfer Personal Information that we collect or that you provide as described in this Privacy Policy to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website and App improvement and optimization) and who we contractually obliged to keep such Personal Information confidential on terms no less protective than the terms in this Privacy Policy. Such third parties may use it only for the purposes for which we disclose it to them, and are required to process the Personal Information with the same standards of care set out in this Privacy Policy.

We may process, store, and transfer your Personal Information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your Personal Information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this Privacy Policy and applicable Canadian privacy legislation.

By submitting your Personal Information or engaging with the Website or App, you consent to this transfer, storage, or processing.

 

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

 

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information: 

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this Website may not be accessible or may not function properly. 

  • Promotional Offers from Flutter Care. If you have opted in to receive certain emails from us but no longer wish to have your email address used by Flutter Care to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by sending us an email stating your request to hello@fluttercare.com. If we have sent you a promotional email, you may unsubscribe by clicking the unsubscribe link we have included in the email. 

  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt out by sending an email to us at hello@fluttercare.com. For this opt-out mechanism to function, you must have your browser set to accept browser cookies. 

 

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of several third party ad servers' and networks' cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada or an opt-out tool created by the Network Advertising Initiative. 

 

Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.

DATA SECURITY

 

The security of your Personal Information is very important to us. We use physical, electronic, and administrative measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us behind firewalls on our secure servers. 

 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website or App like message boards, which any Website or App visitor can view.

 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or App. 

 

Further, should you choose to print out or otherwise replicate Personal Information you have submitted to the Website or the App, Flutter Care will not be responsible for any consequent dissemination or loss of such replicated Personal Information. Flutter Care’s data security measures cannot be extended to physical copies or other representations or replicas of Personal Information created or derived by you, from the Website or App. 

 

DATA RETENTION

 

Except as otherwise permitted or required by Applicable Law or regulation, we will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances, including some instances of sharing with accredited health researchers, we may anonymize your Personal Information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose, including sharing such anonymized Personal Information with ethics board-approved organizations for research purposes, without further notice to you or your consent.

CHILDREN UNDER THE AGE OF 13

 

Our Website and App are not intended to be used by children under 13 years of age. No one under age 13 may provide any information to or on the Website of App. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on this Website or App or on or through any of its features/register on the Website or App, use any of the interactive or public comment features of this Website or App, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at hello@fluttercare.com

 

When it comes to the collection of personal information from children under the age of 13 years old, the U.S. Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

As indicated above, we do not specifically market to children under the age of 13 years old.

 

CAN SPAM ACT

 

The CAN SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions.

  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

  • Any other purpose set out in this Privacy Policy including under How We Use Your Information, above.

 

To be in accordance with CAN SPAM, we agree to the following:

  • Not use false or misleading subjects or email addresses.

  • Identify the message as an advertisement in some reasonable way.

  • Include the physical address of our business or site headquarters.

  • Monitor third-party email marketing services for compliance, if one is used.

  • Honor opt-out/unsubscribe requests quickly.

  • Allow users to unsubscribe by using the link at the bottom of each email.

 

If at any time you would like to unsubscribe from receiving future emails or have any questions about this Privacy Policy, you can email us at hello@fluttercare.com

 

AUTHORIZED USERS IN THE EUROPEAN UNION

 

If Personal Information provided to Flutter Care is protected under the European General Data Protection Regulation (EU) 2016/679 (“GDPR”), such person to whom the personal data relates will have certain rights, which may include the right to view, correct or delete his/her/its personal data, the right to data transferability, and the right to withdraw his/her/its consent for data processing or to object to the processing of his/her/its personal data by Flutter Care. This means that such a person, including a User, can submit a request to Flutter Care to send the personal data that Flutter Care holds about such a person in a computer file to him/her/it or another organization mentioned by him/her/it. 

 

Flutter Care’s GDPR data processor is Google Cloud Platform.

 

In order to exercise any of these rights, a written request can be submitted to Flutter Care at hello@fluttercare.com for access, correction, deletion, data transfer of the personal data or request for withdrawal of consent or objection to the processing of such person’s personal data, together with a copy of the person’s proof of identity. In the copy of proof of identity, it is advisable to conceal the passport photo, MRZ (machine readable zone, the strip with numbers usually at the bottom of the passport), passport number and citizen service number, so that these items are not legible.

 

AUTHORIZED USERS IN CALIFORNIA

 

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.

 

Schedule “A” to this Privacy Policy contains terms applicable specifically to California residents who use the Website or App as Users (“California Policy”). Many parts of the California Policy are identical to those in this Privacy Policy. To the extent possible, the California Policy should be read in harmony with these Terms, and if there is any conflict between the two, the California Policy shall prevail in relation to any California resident’s use of the Website or App as Users. 

 

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of the Website or App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to us at hello@fluttercare.com 

 

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

 

It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes. By law you have the right to request access to and to correct the Personal Information that we hold about you.

If you want to review, verify, correct, or withdraw consent to the use of your Personal Information you may also send us an email at hello@fluttercare.com to request access to, correct, or delete any Personal Information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. 

 

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the Personal Information that we hold about you or make your requested changes. Applicable Law may allow or require us to refuse to provide you with access to some or all of the Personal Information that we hold about you, or we may have destroyed, erased, or made your Personal Information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your Personal Information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

 

We will provide access to your Personal Information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:

  • Information protected by solicitor-client privilege.

  • Information that is part of a formal dispute resolution process.

  • Information that is about another individual that would reveal their Personal Information or confidential commercial information.

  • Information that is prohibitively expensive to provide.

 

If you are concerned about our response or would like to correct the information provided, you may contact us at hello@fluttercare.com

If you delete your User Contributions from the Website or App, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website or App users. Proper access and use of information provided on the Website or App, including User Contributions, is governed by our Terms and Conditions of Use.

 

WITHDRAWING YOUR CONSENT

 

Where you have provided your consent to the collection, use, and transfer of your Personal Information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at hello@fluttercare.com. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision. 

 

CHANGES TO OUR PRIVACY POLICY

 

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users' Personal Information, we will notify you through a notice on the Website home page or on the App home page. 

 

We include the date the Privacy Policy was last revised at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting our Website or App and this Privacy Policy to check for any changes.

 

CONTACT INFORMATION AND CHALLENGING COMPLIANCE

 

We welcome your questions, comments, and requests regarding this Privacy Policy and our privacy practices. Please contact us at: 

 

Privacy Officer 

hello@fluttercare.com 

 

We have procedures in place to receive and respond to complaints or inquiries about our handling of Personal Information, our compliance with this Privacy Policy, and with applicable privacy laws. To discuss our compliance with this Privacy Policy please contact us using the contact information listed above.


 

SCHEDULE “A”

CALIFORNIA POLICY

 

This Privacy Policy for California Residents (“California Policy”) supplements the Flutter Care Inc. (the “Company,” “we”, “us”, “our(s)”) main Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this California Policy

This California Policy does not apply to workforce-related personal information collected from California-based employees, job applicants, contractors, or similar individuals. 

 

Where noted in this California Policy, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication ("B2B personal information") from some of its requirements.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

  • Publicly available information from government records.

  • Deidentified or aggregated consumer information.

  • Information excluded from the CCPA's scope, like:

    • health or medical information covered by the U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;

    • personal information covered by certain sector-specific privacy laws, including the U.S. Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months: 

 

Order of the information below:

Category

Examples

Collected (YES OR NO)

 

--

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

YES

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

YES

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements. 

NO

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. 

NO

K. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

YES

--

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.

  • Indirectly from you. For example, from observing your actions on our Website or App. 

 

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes: 

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns. 

  • To provide, support, personalize, and develop our Website, App, products, and services.

  • To create, maintain, customize, and secure your account with us.

  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.

  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

  • To personalize your Website and App experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, App, third-party sites, and via email or text message (with your consent, where required by law).

  • To help maintain the safety, security, and integrity of our Website, App, products and services, databases and other technology assets, and business.

  • For testing, research, analysis, and product development, including to develop and improve our Website, App, products, and services.

  • To respond to law enforcement requests and as required by Applicable Law, court order, or governmental regulations.

  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website and App users is among the assets transferred.

 

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

Sharing Personal Information

We may share your personal information by disclosing it to a third party for a business purpose. 

We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, the Company has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

 

We do not sell personal information.

Order information below:

1. Personal Information Category

2. Category of Third-Party Recipients (Business Purpose Disclosures)

3. Sales

 

--

A.: Identifiers.

Registration and use of the Website or App.

None.

 

B: California Customer Records personal information categories.

Registration and use of the Website or App.

None.

 

C: Protected classification characteristics under California or federal law.

Registration and use of the Website or App.

None.

 

D: Commercial information.

Registration and use of the Website or App.

None.

 

E: Biometric information.

Research purposes.

None.

F: Internet or other similar network activity.

Registration and use of the Website or App.

None.

 

G: Geolocation data.

None.

None.

 

H: Sensory data.

None.

None.

 

I: Professional or employment-related information.

None.

None.

J: Non-public education information.

None.

None.

K: Inferences drawn from other personal information.

Registration and use of the Website or App.

None.

--

Your Rights and Choices 

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

 

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity, we will disclose to you:

  • The categories of personal information we collected about you.

  • The categories of sources for the personal information we collected about you.

  • Our business or commercial purpose for collecting or selling that personal information.

  • The categories of third parties with whom we share that personal information.

  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

    • sales, identifying the personal information categories that each category of recipient purchased; and 

    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained. 

  • The specific pieces of personal information we collected about you (also called a data portability request).

 We do not provide a right to know or data portability disclosure for B2B personal information.

 

Right to Delete 

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: 

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  3. Debug products to identify and repair errors that impair existing intended functionality.

  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement if you previously provided informed consent.

  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  8. Comply with a legal obligation.

  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action. 

 

We do not provide these deletion rights for B2B personal information.

 

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by emailing us at hello@fluttercare.com

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. 

You may also make a request to know or delete on behalf of your child by the same method.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:

    • Two (2) pieces of government-issued photo from a state, provincial, or federal government.

    • Parental or guardian identification information.

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. 

 

You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it. 

 

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact hello@fluttercare.com.     

 

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

 

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. 

 

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.  

 

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.

  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

  • Provide you a different level or quality of goods or services.

  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. 

 

Changes to California Policy

We reserve the right to amend this California Policy at our discretion and at any time. When we make changes to this California Policy, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

 

Contact Information

If you have any questions or comments about this notice, the ways in which the Company collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at hello@fluttercare.com.