Privacy-Policy

Flare

Introduction

Flare Safety, Inc. (“Company” or “we” or “Flare”) respects your privacy and is committed to protecting it in accordance with our privacy policy agreement (the “Privacy Policy Agreement”).

Your access to and use of the Company’s websites (including www.getflare.com)(“Site”), mobile services, hardware, servers, messaging services, community platform, software and/or the Get Flare mobile Application (the “App”) (collectively, the “Services”) is subject to Company's Terms of Use and any applicable Terms of Use (each, a “Service Agreement”).

This Privacy Policy Agreement describes:

• the types of information we may collect or you may provide when you purchase, download, install, register with, access or use any Services;
• our practices for collecting, disclosing, using and sharing your information; and
• the security approaches we use to protect your information.

This Privacy Policy Agreement is incorporated into and made part of Company’s Terms of Use and any applicable Service Agreement.

This Privacy Policy Agreement applies only to information we collect through the Services and from e-mail, text and other electronic communications sent through or in connection with the Services.

Please read this Privacy Policy Agreement carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use any Services. By downloading, registering with or using any Services, or by consenting to be a crew member, you consent to the collection, use and disclosure of your information by Company in accordance with this Privacy Policy Agreement. This Privacy Policy Agreement may change from time to time. If we change our Privacy Policy Agreement, in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons, we will notify you by email, within the App, or on our website. Your continued use of any Services after we make changes to this Privacy Policy Agreement is deemed to be acceptance of those changes, so please check this webpage periodically for posted updates.

Governing Privacy Law

The Services are only intended for use in the United States. Those who access or use the Services from other countries do so at their own volition and risk and are entirely responsible for compliance with all applicable laws and regulations, and agree to be bound by United States privacy laws, which may be less restrictive than the privacy laws of their home jurisdiction. By using any Services, you consent to the transfer of any of your information to the United States.

Collecting Personal Information

We collect information from and about all visitors, users, and others who access the Services (“User(s)”) directly from you when you provide it to us, automatically when you use the Services. , and from other Users. In this Privacy Policy Agreement, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Location Information

We may collect real-time information about the location of your mobile device using its GPS and other technologies, which we will treat as personally identifiable information. If you activate the emergency features of the Services, we will attempt to determine your location as precisely as possible. We may utilize this information in the event that you activate the emergency features to communicate your location to emergency responders and/or your preprogrammed emergency contacts “crew”. We may track your location and associate/store such location with any messages, data, or incidents you transmit through the Services.

Information You Provide to Us

When you download, access, register with or use the Services, we collect personal information from you, including but not limited to:

• If you are a Flare safety jewelry owner, website visitor, or are using the Services, information by which you may be personally identified, such as name, postal address, billing address, email address, payment information (including credit card numbers and PayPal account information), telephone numbers, photos, gender, and age/date of birth;
• If you are a Flare safety jewelry owner or are using the Services, information which may reveal your precise geographic location, information about emergencies and incidents, and contact details of your emergency contacts; and
• If you are a Flare safety jewelry owner or are using the Services, the name and mobile phone number of your emergency contacts;
• If you are an emergency contact, your name and mobile phone number as provided by a user of our Services;
• If you purchase a product or Service from us, credit card information for payments.

Before you provide information to us about third parties, you should obtain their permission to reveal such information to us.

Information We Collect When You Use The Services

• When you download, access and use the Services, such Services may use technology to automatically collect:

  • Usage Details: When you access and use the Services, we may automatically collect certain details of your access to and use of the Services, including precise geolocation data, logs and other communication data and the resources that you access and use on or through the Services.
  • Device Information: We may collect information about your mobile device and Internet connection, including the device's unique device identifier, version of web browser, IP address, operating system, time zone, cookie information, what sites or products you view, search terms, mobile network information, how you use the Services, and the device's telephone number.
  • Stored Information and Files: We also may access files and other information stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information if you activate the emergency features of the Services. 

 

Information Collected From Other Users

• We may collect information about you from other Users, such as emergency contacts, to link your account with theirs so we can provide emergency notifications at your direction. When you add such person to your Flare account they must agree to this Privacy Policy Agreement.

Purpose of Information Collection

We collect this information from you or automatically when you download or access the Services (including using cookies, log files, web beacons, tags, pixels, location services, Bluetooth) in order to provide the Services to you, including but not limited to the following uses:

• to provide you with the Services and their contents, and any other information, products or services that you request from us and to fulfill our contract.
• to load the Site accurately for you
• to perform analytics on Site usage
• to optimize our Site
• to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations
• to communicate with you
• to screen our orders for potential risk or fraud
• when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or service
• to provide customer support
• to give you notices about your account, including expiration and renewal notices
• to notify you of Services updates, and of changes to any products or services we offer or provide though the Services
• to improve the Services and to deliver a better and more personalized experience by enabling us to: estimate our audience size and usage patterns; store information about your preferences, allowing us to customize the Services according to your individual interests; speed up your searches; recognize you when you use the Services; and improve the Services.

The information collected by the Services is primarily designed to help you in the event of an emergency or incident including assisting others in assessing the event, responding, managing and coordinating responses, and reporting during and following emergencies and incidents. Information you provide to the Services will be used, made available to others, and otherwise handled for these purposes. We use your Personal Information to provide the Services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, maintaining our personal safety system, platforms, features, and software, messaging and communications, software updates, and keeping you up to date on new products, services, and offers. Please note, however, that the Services are NOT a replacement for 911. If you are in immediate danger, are suffering a medical emergency or are the victim of a crime, CALL 911 and/or the appropriate authorities and do not rely on the Services.

Sharing Personal Information

We share your Personal Information with service providers and your designated emergency contacts “crew members” to help us provide our services and fulfill our contracts with you. For example: We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also provide Noonlight with your Personal Information to share with emergency responders, police, and other public safety or law enforcement personnel when you active the emergency features. We may disclose your personal information 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, including web hosting, data services, analytics, and credit card processors or other payment providers; including but not limited to: alarm.com, Klaviyo, Shipbob, Meta, Google, Recharge, Shipstation, Aftership, Gorgias, Yotpo, PayPal, Printful, Clearco, Paypal, and Stamps.com. We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

We may create aggregated and anonymized data sets from the information we have about our Users (including information they provide and information collected through their use of the Services, including precise geolocation information) (collectively “Aggregated Data”). We may use the Aggregated Data without restriction. Without limiting the preceding, Aggregated Data may be provided to law enforcement officials, researchers, and universities for research or public safety purposes.

We may release personal information when we believe in good faith that release is reasonably necessary (i) to comply with laws including to comply with subpoenas, court orders, or other requests (including criminal and civil matters); (ii) to enforce or apply our Terms of Use or other agreements, such as Service Agreements; or (iii) to protect the rights, property, or safety of Flare, our employees, Users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. We may also use a variety of technological systems to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some Users. Notwithstanding anything to the contrary herein, we may retain personal information to comply with applicable law or as necessary in connection with legal proceedings.

Change of Control

If the ownership of all or a substantial part of our business changes, including in the unlikely event of a bankruptcy, an assignment for the benefit of creditors, or liquidation, we may transfer your information to a new owner without consent so that the Services can continue to operate in some fashion. In such a case, your information would remain subject to the terms of this Privacy Policy Agreement, unless you otherwise consent to the terms of a new or different applicable policy.

Behavioral Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example: We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location). For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by visiting:

META - https://www.facebook.com/settings/?tab=ads

GOOGLE - https://www.google.com/settings/ads/anonymous

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Your Choices About Our Collection, Use and Disclosure of Your Information

We strive to provide you with options regarding the personal information you provide to us. You may modify the personal information in the Get Flare app at any time. However, such modifications or deletions will only affect reports after the date of such modifications; any data associated with prior usage of the Services will remain unmodified. This section describes mechanisms we provide for you to control certain uses and disclosures over your information.

• Tracking Technologies: You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Services may then be inaccessible or not function properly.
• Location Information: You can choose whether or not to allow the Services to collect and use real-time information about your device's location through the 6 device's privacy settings. However, if you block the use of location information, many parts of the Services may then be inaccessible or not function properly.
• Mobile Application Usage Data: At any time under your account information in the Get Flare mobile app you can choose to stop sending usage data to us. Your data will still be collected but then regularly and consistently deleted and not included in aggregated data. This data collection can be toggled on or off anytime.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your account profile page. You may also send us an e-mail at help@getflare.com to request access to, correct or delete any personal information that you have provided to us. We reserve the right to decline requests that are excessive or would be disproportionately burdensome or expensive. We cannot delete your personal information except by also deleting your user account. 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.

If you delete your tips, comments, posts or other publicly posted content (“User Contributions”) from the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Users. Proper access and use of information provided on the Services, including User Contributions, is governed by our Terms of Use.

Data Security

Any sensitive information, in our reasonable discretion, will be encrypted in transit using SSL technology. We have implemented measures designed to help secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

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 the Services, you are responsible for keeping this password confidential. You may not share your password with anyone. Be careful about giving out information in public areas of the Services. The information you share in public areas may be viewed by any User of the Services.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. We cannot guarantee the security of your personal information transmitted through the Services. Any transmission of personal information is at your own risk. We are not responsible for disclosure resulting from your privacy settings or from circumvention of any security measures we provide. 

Children’s Privacy 

We do not knowingly collect personal information from children under 13. 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 from our applicable database. If you believe we have any information from or about a child under 13, please contact us at help@getflare.com.

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

Your consent;

The performance of the contract between you and the Site;

Compliance with our legal obligations;

To protect your vital interests;

For our legitimate interests

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.

Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

Your rights 

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through our “contact us” webpage.

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

CCPA

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through our contact us webpage. If you would like to designate an authorized agent to submit these requests on your behalf, please contact us through our contact us webpage. 

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store

Name                          Function

_ab                              Used in connection with access to admin.

_secure_session_id    Used in connection with navigation through a storefront.

cart                              Used in connection with shopping cart.

cart_sig                       Used in connection with checkout.

cart_ts                         Used in connection with checkout.

checkout_token          Used in connection with checkout.

secret                          Used in connection with checkout.

secure_customer_sig Used in connection with customer login.

storefront_digest        Used in connection with customer login.

_shopify_u                  Used to facilitate updating customer account information.

 Reporting and Analytics

Name                          Function

_tracking_consent      Tracking preferences.

_landing_page             Track landing pages

_orig_referrer             Track landing pages

_s                                Shopify analytics.

_shopify_fs                 Shopify analytics.

_shopify_s                   Shopify analytics.

_shopify_sa_p             Shopify analytics relating to marketing & referrals.

_shopify_sa_t             Shopify analytics relating to marketing & referrals.

_shopify_y                  Shopify analytics.

_y                                Shopify analytics.

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioral Advertising” section above.

Third Party Web Links 

The Services or content contained therein may contain links to other websites, services or resources on the Internet. When you access third party websites, services or resources, you do so at your own risk. Such websites and services are not under our control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services, or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such third party website or resource.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes to Our Privacy Policy 

We may update our Privacy Policy Agreement from time to time. If we make changes to how we treat our Users' personal information, we will post the new Privacy Policy Agreement on this page with a notice that the Privacy Policy Agreement has been updated and we may, in our sole discretion, notify you by e-mail and/or text message to the primary e-mail address or phone number specified in your account or by an in-App alert.

The date the Privacy Policy Agreement was last revised is identified at the bottom of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address and phone number for you and for periodically visiting this Privacy Policy webpage to check for any changes.

Contact

If you have any questions or concerns regarding the Privacy Policy Agreement related to our Services, please feel free to contact us at the following email or mailing address, e-mail at help@getflare.com or by mail using the details provided below:

Attn: Data Protection Officer

Email: help@getflare.com

or

Mailing Adress:

Flare Safety, Inc, 

45 Alpine Lane, #277

Chelmsford MA 01824

Last updated: April 14, 2023