Personal Information And Privacy Policy

Updated: May 1, 2024

Thanks for your interest in FluentStream Technologies, LLC (“FluentStream,” “we,” “us,” “our”) and our services. The purpose of this Personal Information and Privacy Policy (“Privacy Policy” or “Policy”) is to describe the information that you entrust to us, the ways we collect information from and about you, and the steps that we take to protect it. By visiting our websites, using our products or services, or otherwise providing your personal information to FluentStream via any other means, you are accepting and consenting to the practices described in this Privacy Policy.

This Policy may change from time to time (see the Changes to Our Privacy Policy Section). Your continued use of our website, services, or product offerings after we make changes to this Policy is deemed to be acceptance of those changes, so please check the policy periodically for updates. This Policy works in conjunction with our FluentStream Terms of Service (“Terms of Service”) and is incorporated therein.

For the purposes of this Privacy Policy, “personal data” or “personal information” means any information that can be used to individually identify a person, and may include, but is not limited to, name, email address, postal or other physical address, credit or debit card number, title, and other personally identifiable information. The term “visitor” includes all visitors to our websites, whether or not you are a customer, and whether or not you upload or download information to or from our websites, applications, and services.

This Policy does not apply to any information that you may provide or that may be collected by third parties through any websites or content that may link to or be accessible from our website (including links to or from our social media sites).

This Policy, in short: We collect information and data about you, some of which may be personal information. You may choose not to provide certain information, but some features may only be available to you if you choose to provide the information requested. We may use your information to: process your service requests, handle orders, deliver products and services, process payments, communicate with you, provide access to secure areas of the website, recommend merchandise and services that might be of interest to you, personalize your visit to our website, and enable us to review, develop, and continually improve the content of our websites, products, services, and offers. We may use the information we collect in training or as training aides for our employees. We may use information provided by you, including search terms or other prompts, to train generative artificial intelligence (“AI”), large language models (“LLMs”) or similar technologies that we may employ in connection with the website or our Services from time to time. We may also use this information to prevent or detect fraud or abuse of our website and to enable third parties to carry out technical, administrative, or other functions on our behalf. At times, we give you various choices when we request your information in order to allow you to direct our use of it. You are responsible for the option you choose, and in some instances, you must contact us or log in to your account in order to change your information preferences. We implement and maintain technical and organizational security measures in order to protect your information, which will vary depending on the type of information being protected. The rest of this Policy provides additional detail about the information that we collect, how we collect and protect it, and what we do with it.

Information We Collect

We may collect information on this website, through our communications with you (via phone, email, text, and other electronic messages), through the applications and solutions that we offer, including our desktop and mobile applications, and through your use of our products and services. The information we collect may include your personal information, such as your:

  • name;
  • contact information (phone number, email address, physical address, etc.);
  • financial information, such as credit/debit card information and account numbers;
  • IP addresses, operating system type and version, device identifiers, and other information collected through cookies or other passive means;
  • Live Chat Messages, including content, sender and recipients, date, time, and read receipts;
  • telephone conversations, including audio and video call content and screen sharing content between call participants 
  • Meetings, including title, invitation content, participants, link, date, time and duration, activity in-meeting (such as joining or leaving), third-party integrations and activity, and other participants in the meeting; 
  • orders, product and service selections, and usage of the website, services, and products (frequency, duration, date and time, quantity, quality, network connectivity, and performance information related to logins, clicks, messages, contacts, content shared, calls, use of video and screen sharing, meetings, recording, and other use information);
  • geolocation, such as where you are located when you are using our products and services;
  • other data or pieces of information that may identify you individually.

How We Use Your Information

We process and use information that we collect about you or that you provide to us, including personal information:

  • To provide you with our website, its contents, information about our product and services offerings, and the products or services that you request from us.
  • To provide you with notices about your account and services and to configure and maintain your account. 
  • To carry out our obligations and enforce our rights arising from any contracts between you and FluentStream, including for billing and collection.
  • To notify you about changes to our website or any products or services we offer.
  • To create or derive anonymous, aggregate information or data that does not identify you or any other particular individual.
  • To develop, operate, maintain, improve, and enhance our website, products, and services, which activities may include the training or use of generative AI, LLM or similar technologies.
  • To fulfill the purpose for which you provide it. For example, if you give us your contact information to request a price quote, we will use that information to respond to your request. If you provide your personal information to purchase a product or service, we will use that information to process your payment and provide the product or service. We may also save your information to facilitate new purchases or for product and services changes and maintenance.
  • To train our personnel. 
  • To protect FluentStream, our products and services, and our customers, in the event of breach of contract, fraud, harmful, unauthorized, illegal or other types of activity, as the case may be.
  • To contact you about the goods or services you purchase, your account, or for other purposes related to your use of our website, goods, and services. We may also contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data. For more information, see Choices About How We Use and Disclose Your Information.
  • In any other way we may describe when you provide the information or for any other purpose upon your consent or request.

Disclosure of Your Information

We may disclose aggregated information about our visitors that does not identify any particular individual without restriction. We may disclose personal information that we collect or that you provide:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • 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 FluentStream’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by FluentStream about our website users is among the assets transferred.
  • To third parties to market their products or services to you if you have consented to or not opted out of these disclosures.
  • For any other purpose disclosed by us when you provide the information, or with your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Service 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 FluentStream, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We do not sell or rent your personal information to third parties for any purposes, including marketing.

You acknowledge and agree that generative AI, LLM and such similar technologies as may be created from time to time, are trained using, and can create information based upon, data entered or provided by you.  FluentStream will use commercially reasonable efforts to prevent the disclosure of any confidential, proprietary or otherwise sensitive information that you may enter or provide but cannot guarantee complete protection of information that is used in or becomes part of any training dataset for any such technology.

More About Your Information and Our Methods

Website Visits

When you visit our website or open one of our HTML emails, we may automatically record certain information from your web browser by using different types of technology, including web beacons or “clear gifs.” This may include your IP address (unique network addresses), other device address or identifiers, the time and duration of your visit, and the time and duration that you view the pages on our website. We may also capture information about your computer or device, such as your browser type, operating system, and device type. If you arrive at our website by clicking a paid advertisement (including a paid search engine result) or a link in an email, then we will capture information that tracks your visit from that link. We may also capture information that tracks your visit from clicking a non-paid source.

Cookies (or browser cookies)

We use “cookies” and similar technologies to gather information about our visitors. A cookie is a small text file containing a string of alphanumeric characters that is placed on the hard drive of your computer. We may use both “session cookies” and “persistent cookies” during your web visits. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits but can be removed through your web browser settings. You can also disable cookies in your web browser if you do not want them placed on your computer. The option to disable cookies is often found in your browser’s security settings. However, deleting or permanently disabling cookies in your browser settings may hinder your use of our website or certain features of our services. 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.

Children’s Online Privacy Protection

Our website and services are not intended or designed for children under the age of 13. We do not knowingly collect information from children under the age of 13, and we will not intentionally collect or maintain information about anyone under 13. If you are under 13, do not use or attempt to create an account on our website 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 that 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 using our contact information listed at the end of this Policy.

Financial Information

We may ask visitors to provide credit card or account information in order to process orders for services placed with FluentStream or its affiliates. Financial information provided via our website or via the MyFluentStream portal is transferred over a secure connection. We collect this information on a transaction-by-transaction basis and will not authorize the release of the information to anyone not directly involved in processing the transaction. This information may be encrypted and stored for logging purposes in accordance with applicable regulatory requirements. Credit card numbers are used only for processing payments and are not used for any other purposes. We enter into a written agreement with third parties in order to protect the use and confidentiality of your personal data when we use third party service providers for credit card processing services, application development, website hosting, maintenance, or other related services. 

Opting Out of Marketing Communication

FluentStream gives you an opportunity to choose to opt-out of having your personal data shared with third parties for marketing purposes. We will not use your contact information to correspond with you about our services if you ask us not to, except as necessary to provide and bill for services you have ordered. Please send your request to us using the contact information provided at the end of this Policy. Please note that it may take up to seven days to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make your request.

Data Retention

How long we retain your personal information depends on the type of data and the purpose for which we process the data. We will retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention is required or permitted by law.

Accessing, Controlling, and Correction Your Information

You can make various requests about your information. If you have an account, you can review and change your personal information by logging into your account. You can also request access to, correct, or delete any personal information that you have provided to us. If you believe that any personal information that we have about you is incorrect, or is, has been, or might be used inappropriately, please let us know as soon as possible, and we will take steps to correct or delete the information, or restrict its use, as appropriate. Please contact us using the contact information provided at the end of this Policy.  We cannot delete your personal information without also deleting your user account. If we are processing your personal information based on your consent (as indicated at the time of collection), you have the right to withdraw your consent. If you exercise this right, you may need to provide express consent on a case-by-case basis for the use or disclosure of your personal information, if such use or disclosure is necessary for you to utilize some or all of our products and services. Under certain circumstances, we will not be able to fulfill your request, for example, if regulatory obligations, legal matters, or certain operational constraints prevent us from doing so. We will not accommodate a request to change information if we believe the change would cause the information to be incorrect or violate any law or legal requirement.

PLEASE CONTACT US IMMEDIATELY AT Legal@FluentStream.com IF YOU BELIEVE THAT YOU HAVE PROVIDED US WITH INFORMATION WITHOUT THE PROPER RIGHTS, CONSENTS, OR PERMISSIONS SO THAT WE MAY DELETE SUCH INFORMATION AS SOON AS POSSIBLE.

California Residents

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To do so, please send a request to FluentStream Technologies using the contact information listed at the end of this Policy. 

EU Residents

If you are a resident of the European Union, please refer to our General Data Protection Regulation (“GDPR”) notice, available at: https://www.fluentstream.com/legal-center/.

Data Security and Integrity

We implement and maintain measures designed to protect your personal information from accidental loss and unauthorized access, use, alteration, and disclosure. These include various types of technical and organizational measures to provide varying levels of protection appropriate to the level of risk and personal data involved. Some of the measures we use include industry encryption of data in transit wherever possible, application-specific firewalls, access controls, active monitoring of security incidents and events, and others. We take reasonable steps to ensure that the data and information we use is reliable for its intended use, accurate, complete, and current.

The safety and security of your information also depends on you. You are responsible for keeping your login credentials, such as your password, confidential. Please do not share your password with anyone. We cannot guarantee the security of your personal information transmitted. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings, technical or security measures.

Verification

FluentStream conducts self-assessments on an annual or semi-annual basis to ensure that the Privacy Policy is accurate, comprehensive, prominently displayed, and all relevant privacy practices are implemented and being followed. We provide maintain appropriate employee training and internal procedures for periodically conducting objective reviews of our Privacy Policy compliance, and a statement verifying this self-assessment is signed by a corporate officer or other authorized representative at least once a year.

Passive Conduit Role

You acknowledge and agree that: (i) FluentStream’s role with respect to personal data you or your End Users transmit, receive, and/or store through the Services or the individuals and third parties, if any, whom you or your End Users contact through the Services and the content thereof shall be that of a passive conduit; and (ii) any storage of such personal or account information by or on behalf of FluentStream shall be performed merely as a convenience to you and as a complement to and incidental to FluentStream’s core data transmission function.

No Involvement if Content or Destination of User Communications

You acknowledge and agree that you are solely responsible for the content of all your End User communications and personal information (including without limitation the accuracy, quality, legality, reliability, and appropriateness thereof and the IP Rights therein) and the selection or determination of the destination(s) and/or recipient(s) of any outbound End User communications. You shall be solely responsible for providing all required notices and obtaining all approvals, consents, or authorizations related to the use, reproduction, transmission, or receipt of the content of any End User communication and represent and warrant that you shall do so. FluentStream shall in no event (i) have any involvement or role in the creation, generation, editing, authorship, or revision of the content of any outbound End User communications or the selection or determination of the destination(s) and/or recipient(s) thereof or (ii) sell, rent, provide, or offer to you or any End User any list of persons or entities or the telephone or facsimile numbers or other information relating there.

Changes to Our Privacy Policy

We may make changes to this Policy from time to time. If we make material changes to how we treat our users’ personal information, we may notify you through a notice on our website home page. If you have provided us with an email address, we may make commercially reasonable efforts to provide you with email notice informing you that this Policy has changed, but such notice is for your convenience only and shall not be required for the effectiveness of the changes. The date that the Privacy Policy was last revised is identified 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 and this Privacy Policy to check for any changes.

Inquiries or Complaints

If you have a question or complaint about this Privacy Policy or our information collection practices, please contact us at:

FluentStream Technologies, LLC
1624 Market St Ste 226
PMB 82977
Denver, Colorado 80202-1559 US
Phone: 303-462-5683
Website: https://www.fluentstream.com/legal-center/
Email: Legal@fluentstream.com