Last Updated: December 13, 2021
Version: 1.0
This privacy notice (“Privacy Notice”) describes the types of information that are identifiable to a particular person (“Personal Information”) that Flustr, Inc. (“Flustr”, “we”, “us”, and “our”) collects from you or about you when you use or access our website (https://www.flustr.com) (“Site”) or our product (https://www.app.flustr.com or Flustr mobile application) (“Platform”), as well as our practices for using, sharing, and protecting that information. We urge you to read this Privacy Notice to ensure you are fully informed.
Flustr reserves the right to change this Privacy Notice at any time. If we decide to change the Privacy Notice, we will post the changes on the Site and in our Platform so that you are aware of the changed Privacy Notice. We encourage you to check the Site or our Platform for policy revisions. To stay current on our practices, please update your email address with us if it changes. We will send you a push notification in the mobile application (or via other method(s), as permitted by law) discussing any material revisions to the Privacy Notice.
This Privacy Notice does not apply to any activity on third-party websites and mobile applications that may link to the Site or Platform. We do not control third-party websites and applications and are not responsible for their actions or privacy practices.
Your use of this Site and our Platform constitutes your acceptance of and agreement to this Privacy Notice and all portions hereof. If you do not agree to this Privacy Notice, do not use this Site or our Platform.
Flustr is a live streaming, user-generated interactive video game, and social media platform. Our Platform allows you to have fun and express yourself through challenges and battles with your friends, social network and others.
Information we collect from your interactions with us – when you interact with our Site and Platform, we may collect technical information associated with the device you use, such as the type and model, system language, browser type, geographical location and operating system. We may also collect technical identifiers that identify the device you use, such as your Internet protocol (IP) address, IDFA (identifier for advertisers) and other unique identifiers. We may also process information about what you do on our Site and Platform, such as how long you visit, what links you click on, what pages you visit, how many times you visit, and how long it takes for you to come back. To collect this information, we may use cookies and web beacons, and other similar technologies, including Google Analytics. To learn more about how we automatically receive and record information when you interact with our Sites, please review the section below titled “How We Use Cookies.” Click here to learn more about how Google collects and uses data when you use our site. While we do not engage in online targeted advertising, we do use this information to improve our Site and Platform.
We may collect information about you from third parties, such as analytical data regarding who has downloaded our mobile app upon receipt of Flustr’s marketing communications (i.e., conversion data), or if you link your Flustr account to another service.
Your privacy is a serious matter and we will not share this information to third parties for the purposes of marketing to you or to profit from marketing your data to others. Instead, we may use your Personal Information to (i) operate, maintain, enhance, provide, create, and develop the features, functionality, and services on our Site and Platform, (ii) verify your identity and prevent fraud and other unauthorized activity, (iii) customize the content you see when you use the Platform, (iii) respond to inquiries and/or requests and send you relevant communications, promotions and offerings about our new products and services (if you would like to unsubscribe from future emails, please Contact Us), (iv) perform statistical analyses so that we may improve our Site and Platform or to develop new products and services, (v) support, troubleshoot, test, and research user-related issues with the Platform and Site, (vi) monitor for inappropriate content, (vii) help us detect and investigate illegal activity.
When you visit our Site, your browser automatically sends us certain Internet-related information (such as the Internet Protocol (IP) address of the computer you're using). We also may use cookies and Web beacons to better understand how visitors use our Site.
Cookies are small text files that websites often store on the computer hard drives of visitors to their sites. A cookie contains a unique code, which is used to recognize your computer when a user of your computer returns to a website that was visited previously. Web beacons are Internet tools that help us determine, for example, whether a website page has been viewed. We may use cookies and web beacons to enhance the online experience of our visitors and to better understand how our Site is used. Cookies and web beacons may tell us, for example, whether you have visited our Site before or whether you are a new visitor.
The “help” portion of the toolbar on most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Remember, though, without cookies, you may not be able to take full advantage of all our Site’s features.
Flustr may share your information with other users on the Platform, such as your user-generated content, username, profile picture, information about your interaction with the Platform, such as “Respect” level, and any information you have directed us to share. You have the ability to limit the sharing of certain information through the settings within the Platform, for example, by turning off “Competitive Mode.”
Flustr may disclose your Personal Information: (i) with third party service providers, who allow us to deliver the Site and Platform to you; (ii) to comply with our legal obligations or to comply with any reasonable request from competent law enforcement agents or representatives, judicial authorities, governmental agencies or bodies, including competent data protection authorities or on our own initiative to the police or the judicial authorities as evidence or if there are justified suspicions of an unlawful act or crime committed by you through your registration with or use of our Site, our Platform or other interactions with us; (iii) in the event of a transfer of ownership of Flustr, merger or other similar transaction (including one in connection with any bankruptcy or similar proceedings); (iv) to process your Personal Information for the preservation of our legitimate interests or the legitimate interests of our partners or of a third party if and when your registration with or use of our Site or Platform can be considered (a) a violation of any applicable terms of use or intellectual property rights or any other right of a third party, (b) a threat to the security or integrity of our Site or Platform, (c) a danger to our Site or Platform or any of our, or our subcontractors’ underlying systems due to viruses, Trojan horses, spyware, malware or any other form of malicious code, or (d) in any way hateful, obscene, discriminating, racist, slanderous, spiteful, hurtful or in some other way inappropriate or illegal; (v) as otherwise set forth in this Privacy Notice. Flustr is not and cannot be responsible for the activities or privacy policies of any third party with whom your Personal Information is shared.Flustr values your privacy and strives to provide you with choices regarding the handling of all Personal Information you choose to provide to us. You are in control of who you share your videos and content with and how you share them. It is important to keep in mind that other Flustr users can always take a screenshot, or save videos using a third-party app.
If, for some reason, you ever want to delete your account, you may do so by Contacting Us. You can also delete some information in the app, by requesting such deletion in the app or by Contacting Us.
You may choose not to provide us with your Personal Information if you are uncomfortable with our practices, as set forth in our Privacy Notice. If you wish to correct or delete inaccuracies within your Personal Information, or to request access to any Personal Information we obtain about you, please Contact Us.
If you sign up for marketing communications from us and you now wish to unsubscribe, you may do so by clicking on the “unsubscribe” link provided in the communication. Please also note that unsubscribing from future marketing-related messages does not prevent Flustr from sending you administrative messages, as applicable.
We use appropriate security measures on the Site, Platform and within Flustr that are designed to safeguard your Personal Information under our control. Any Personal Information will be securely stored by Flustr’s reasonable administrative, technical and physical security safeguards. While Flustr protects your Personal Information, the confidentiality and security of any communication or material transmitted to or from the Site or Platform cannot be guaranteed to be 100% secure at any time. Any transmission of your information is at your own risk. We strongly encourage all users to be careful and responsible about what you choose to provide online.
If you have any reason to believe that your interaction with Flustr through this Site or the Platform is no longer secure, please immediately Contact Us.
When you create a Flustr account, you will receive a password. It is your responsibility to personalize your password and to protect and secure it. Flustr is not responsible for any information compromised due to your failure to secure your account.
Users in the European Economic Area (EEA) and United Kingdom (UK) have certain privacy rights as specified under EU and UK law, including the General Data Protection Regulations (GDPR) and UK Data Protection Act 2018.
If you are a user in the EEA or UK, you should know that Flustr is the data controller of your Personal Information.
You can exercise your rights of access, deletion, correction, and portability by emailing us – see the Contact Us section below.
The EEA and UK only allow us to use your Personal Information when certain conditions apply. Flustr relies on the following legal bases:
You have the right to object to Flustr’s use of your Personal Information. While you have an option to delete such user generated content, in some circumstances (as described above/below), if you do not agree with any processing of your Personal Information, please Contact Us.
Flustr may collect your EEA and/or UK Personal Information and may transfer your Personal Information to a third party outside the EEA/UK. If we provide any information about you to any such entities, we will take appropriate measures to ensure such companies protect your Personal Information in accordance with this Privacy Notice and applicable law.
If you are a California resident, please see more information about our privacy practices and your rights under California law below.
We do not knowingly collect Personal Information from anyone under 16. The Platform is intended for use only by individuals who are at least 16 years of age. By using the Platform, you confirm to us that you meet this requirement. If we are aware that Personal Information of persons under the age of 16, we will delete the information and terminate the user’s account.
Flustr welcomes your questions and comments about this Privacy Notice or the use of your Personal Information. Please email us at privacy@flustr.com, contacting us at (888) 528-2608, or contacting us by submitting such request via the Feedback/Contact feature within the mobile app
At Flustr, we are mindful of our responsibilities under the California Consumer Privacy Act (together with its implementing regulations, “CCPA”) regarding the collection, use, and disclosure of your Personal Information, both online and offline. This Privacy Notice applies only to California residents who are subject to the CCPA.
We collect information that identifies, relates to, describes, references, and is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“California Personal Information”). We have obtained the following categories of California Personal Information within the last twelve months:
For each of these categories, we obtain California Personal Information from a variety of sources. These sources include: yourself, with respect to both online and offline interactions you may have with us, our service providers; the devices you use to access our Site and Platform; and others consistent with this Privacy Notice. For more information, please see the “What Personal Information does Flustr Collect?” section of our Privacy Notice.
We use California Personal Information, identified in each of the above categories, for the business purposes listed below.
We may also use the information we collect for our own or our service providers’ other operational purposes, purposes for which we provide you additional notice, or for purposes compatible with the context in which the California Personal Information was collected. For more information, please see the “How we use your Personal Information” section of our Privacy Notice.
As is common practice among businesses that operate Internet websites and mobile apps, within the last 12 months, we may have shared identifiers, information about the use of our website and apps, and inferences drawn about you to our service providers (for the business purposes described above). To learn more about the categories of third parties with whom we share such information, please see the “How we share your Personal Information” section of our Privacy Notice. We may share California Personal Information with trusted providers to perform payment functions, offer collaborative workspaces, or provider other business functions.
When we disclose Personal Information for a business purpose, we execute a contract that describes the purpose and requires the recipient to keep Personal Information confidential and not use it for any purpose except performing the contract.
If you are a California resident, you have certain rights related to your California Personal Information. You may exercise these rights free of charge except as otherwise permitted under applicable law.
As discussed above, the CCPA does not apply to information we obtain, use, or share in connection with certain business-to-business transactions. We will, however, continue to evaluate our business-to-business activities and update our Privacy Notice consistent with California laws and regulations, where applicable.
Right to Access/Know. You may request that we disclose to you:
Right to Delete Personal Information. You have the right to request that we delete and direct our service providers to delete California Personal Information about you which we have collected from you. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Right to Opt-Out. The CCPA provides you with the right to opt out of the disclosure of Personal Information about you for consideration.
Right to Non-Discrimination. Subject to applicable law, we may not discriminate against you because of your exercise of any of the above rights, or any other rights under the CCPA. This means that we may not deny you goods or Platform, charge you different prices or rates for Platform, or provide you with a different level or quality of Platform (or suggest that we will do so), in response to a request made under the CCPA.
You, or someone you authorize, may request to exercise these rights by emailing us at privacy@flustr.com.
Please note that we are not responsible for notices that are not labelled or sent properly, or that do not have complete information. If applicable, we will provide you with information on how to submit the request or remedy any deficiencies with the request. Responses to your CCPA request will be delivered in the same manner that we received it.
Residents of the State of California may also request a list of all third parties to whom we have disclosed certain Personal Information (as defined by California law) during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and would like such a list, please contact us via the Contact Information section provided below.
As required under applicable law, please note that we may take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. You must provide us with enough information to allow us to reasonably verify you are the person about whom we collected California Personal Information, or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Please include the statement “Attention: California Privacy Rights Request” in the subject line and body of your written request. We may limit our response to your exercise of the above rights as permitted under applicable law. We will review each request carefully and respond accordingly within the timeframe established by the CCPA.
Under California law, you may designate an authorized agent to make a CCPA request for California Personal Information on your behalf. To designate an authorized agent to act on your behalf, you must provide the agent with signed permission to do so, verify your identity with us directly, and confirm you authorized the agent to submit the request. To access this Privacy Notice by an alternative method, please contact us at (888) 528-2608.
You may contact us with questions or concerns about our privacy policies or practices by emailing us at privacy@flustr.com, contacting us at (888) 528-2608, or contact us by submitting such request via the Feedback/Contact feature within the mobile app.
This California-specific addendum was last updated: December 13, 2021.