Flockler Privacy Policy


Flockler ("Flockler", "we" and "us") refers to Flockler Oy, a limited liability company registered in Tampere, Finland.

This policy regarding our privacy practices (the "Privacy Policy") describes how we treat the information we collect when you visit and use flockler.com (the "Site") and/or Flockler’s other domains, products, services, and/or content, including all applications (collectively with the Site, the "Services"). When you use the Services, you also consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

Flockler respects the privacy of individuals and thereby we want to give individuals using our services information concerning our data processing activities in a transparent manner. To achieve this goal, the information presented in this Flockler Privacy Policy is provided using as clear and plain language as possible. However, should you have any inquiries or questions regarding our data processing activities or the information presented in this Privacy Policy, please feel free to contact us at the "Contact Us" page on our website or by sending an email to privacy@flockler.com.

This Privacy Policy has been prepared in order to meet the requirements set out in the EU General Data Protection Regulation ("GDPR"), which is directly applicable in all Member States in the European Union as of 25 May 2018. Flockler is committed to comply with the obligations related to processing of personal data under the applicable data protection legislation.

This Privacy Policy does not apply to the practices of third parties that we do not own, control, or manage, including but not limited to any third-party websites, services, applications, or businesses ("Third Party Services"). We encourage you to carefully review the privacy policies of all Third Party Services you access.

This Privacy Policy doesn’t govern what our users do on their Flockler Sites and we aren’t responsible for the information collection and use practices of our individual users.

What this Privacy Policy covers

This Privacy Policy covers our treatment of information gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any information about you that our partners share with us or that we share with our partners.

When Flockler is providing Services, depending on the circumstances Flockler may process personal data either as a data controller or as a data processor.

Flockler as a data controller - Individual Users

Flockler acts as a data controller within the meaning of the GDPR when it processes personal data related to individuals who have used and accessed, and therefore provided their personal data to, Services. Such individuals are data subjects within the meaning of the GDPR and are called Individual Users in this Privacy Policy.

Collection of Individual User Information as well as the related processing activities are described in section "What we collect and how we use it" of this Privacy Policy.

Legal basis for the processing of Individual User Information

Legal basis for the processing of Individual User Information is consent from the Individual User. Before submitting any personal data to Flockler, the Individual User is asked to give his/her voluntary, informed and explicit consent to the processing of personal data during the Sign-Up process, as well as a link to visit this Privacy Policy for further information.

If you do not agree with the terms of this Privacy Policy or Flockler’s Terms of Use related to Services, then we ask you not to provide us with your personal data.

By signing-up to Services, the Individual User expressly consents to Flockler’s collection, use, disclosure and storage of Individual User Information as described in this Privacy Policy.

As a data subject the Individual User has the right to withdraw his or her consent at any time. Individual User may easily withdraw his or her consent by choosing to do so in Flockler’s service.

Storage and deletion of Individual User Information

As a basic principle, Flockler will not store Individual User Information any longer than is necessary to fulfill the purposes for which the Individual User Information was collected, unless longer storage is required by applicable laws or regulations.

Flockler’s current storage practice for Individual User Information is that such personal data will be deleted within ninety (90) days after end of subscription period. Thereafter, Flockler maintains backups for a period of sixty (60) days before permanent deletion.

Flockler as a data processor – Customer Users

Flockler acts as a data processor within the meaning of the GDPR when it processes personal data related to individuals who have used and accessed Services on behalf of Flockler’s Customer. Such individuals are data subjects within the meaning of the GDPR and are called Customer Users in this Privacy Policy. Customer is an entity with whom Flockler has a contractual relationship. Customer is a data controller under this processing scenario. As a data controller, the Customer is solely responsible for determining what personal data is collected, of whom such personal data is collected and how Services are made available to Customer Users.

Should you have a question about purposes of using Services determined by Flockler’s Customer, please contact directly the Customer entity in question.

Collection of Customer User Information

As a data controller, the Customer in question determines the means and purposes of processing Customer User Information. As Services are being used by many Customer entities, these purposes may vary as they are determined by the Customer in question. The Customer is responsible for ensuring that the collection and processing of Customer User Information is carried out in accordance with the applicable legislation and the GDPR.

Processing of Customer User Information

Flockler will not process Customer User Information for any other purposes or by other means than those instructed by the Customer in question.

Although the Customer is responsible for determining the processing activities and the types of personal data collected, you can find useful information related to our data processing activities in "What we collect and how we use it" section of this Privacy Policy.

Legal basis for the processing of Customer User Information

The Customer is responsible for ensuring that a legal basis under the GDPR is established prior to collecting and processing any Customer User Information on Services, such as consent or legitimate interests of the Customer as a data controller.

Storage and deletion of Customer User Information

Since the Customer as a data controller has control over determining the purposes for which Customer User Information is collected, as well as for the duration for which the Customer User Information is stored, the Customer is responsible for determining when to delete the Customer User Information.

After the end of provision under the agreement between Flockler and the Customer, Flockler commits to either delete or return all Customer User Information to the Customer, based on Customer’s choice. Flockler deletes existing copies of Customer User Information unless legislation requires storage of Customer User Information.

What we collect and how we use it

Account Information: When you create an account on the Services (an "Account"), we’ll ask you for information such as your name, password and email address ("Account Information"). We may use Account Information, alone or together with other information, to enhance and improve the Services. We use your email address to verify your Account and to communicate with you.

Email Communications: As part of the Services, you may occasionally receive email and other communications from us. Administrative communications relating to your Account (e.g., for purposes of Account recovery or password reset) are considered part of the Services and your Account, which you may not be able to opt-out from receiving. We also may send you other kinds of emails, provided always that you have given your prior consent to opt-in for receiving such emails (e.g. direct marketing material). You can opt-out of receiving such emails either from your Account Settings page or by using the "Opt-Out" link in the emails themselves. Note that we will never email you to ask for your password or other Account Information; if you receive such an email, please forward it to us.

Information about Your Accounts on Third Party Services: You can link your Account to certain Third Party Services. In order to do so, you may provide us with your username or other user ID for a Third Party Service, and you may then be required to log into that Service. After you complete this login process, we will receive a token that allows us to access your account on that service so that you can, for example, curate content published on that Service. We do not receive or store your passwords for your Third Party Service accounts.

Information Obtained from Third Party Services: In some cases, we partner with Third Party Services that may provide information about you. Such information could include, for example, your gender, if you have disclosed that information to that third party and made it available for Flockler to access. To the extent we obtain such information, we may use it to develop new Services or to improve or enhance the Services.

When you connect other services to your Flockler account, those services might share information about you with us. What gets shown to us is determined by their privacy policies.

User Content: By default, all sharing through the Services is public, and when you provide us with content it is published so that anyone can view it. Content published and shared publicly is accessible to everyone and you may lose any privacy rights you might have regarding that content. In addition, information shared publicly may be copied and shared throughout the Internet

Information About User Content: In some cases, we may collect information about content you provide to the Services. For example, when it’s included as part of your images, we may collect information describing your camera, camera settings etc. This information allows us to improve the Services and provide additional features and functionality.

Financial Information: We will sometimes collect financial information, such as information related to your payment method (valid credit card number, type, expiration date or other financial information). This happens when you decide to purchase a paid Service. We do not, however, store that financial information; such information is stored by our payment processor (the "Payment Processor"), and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy (the Payment Processor may also have other terms, and you are responsible for locating and familiarizing yourself with those terms, as applicable). We do receive certain information from our Payment Processor: (1) a unique token that we connect with your Account to enable you to make further purchases using the information stored by our Payment Processor and (2) in certain cases, the last four digits of the credit card number associated with that token, so that we can prevent fraudulent transactions and identity theft.

Information Related to Use of the Services: We collect information about how people use the Services, including those with an Account. This type of information may be collected in our log files each time you interact with (i.e., make a request to) the Services. We use internal tools and third party applications and services (like Google Analytics) to collect and analyze this information. Some of this information may also be associated with the Internet Protocol Address ("IP Address") used to access the Services; some may be connected with your Account; and some may only be collected and used in aggregate form (as a statistical measure that wouldn’t identify you or your Account). We may use this information about how you and others interact with the Services for a number of things generally related to enhancing, improving, protecting, and developing new Services, including but not limited to: identifying trending or popular content; fighting spam, malware, identity theft and generally keeping our users safe; and for legal and safety reasons.

Information Related to Your Web Browser: We automatically receive and record information from your web browser when you interact with the Services, such as your browser type and version, what sort of device you are using, your operating system and version, your language preference, the website or service that referred you to the Services, the date and time of each request you make to the Services, your screen display information, and information from any cookies we have placed on your web browser (as described below). We also sometimes detect whether you are using certain web browser extensions and store that information in a manner associated with your Account. We use web browser-related information to enhance and improve the Services.

Location Information: In some cases we collect and store information about where you are located, such as by converting your IP Address into a rough geolocation.

Information Related to Your Mobile Device: We may collect and store information related to your mobile device. In some cases, we may receive, generate, or assign your mobile device a unique identifier for the purposes described above in "Information Related to Use of the Services." We may also ask you to provide your phone number to enable new products and improve the Services, such as by enabling multi-factor authentication for Account login. We will always ask you whether it’s OK for us to collect and store your phone number.

Information Collected Using Cookies and Web Tags: Cookies are text files that may be sent to and saved by your web browser when you access a website; your web browser stores these cookies in a way associated with each website you visit, and you can generally see your cookies through your browser settings, depending on what browser you’re using. A web tag is code or a pixel embedded in a web page, or email, that allows Flockler or a third party to see that you have looked at that page. We use cookies and web tags to enable our servers to recognize your web browser and tell us how and when you use the Services, as described above in "Information Related to Use of the Services." Our cookies do not, by themselves, contain information that personally identifies you, and we don’t combine the general information collected through cookies with other such information to tell us who you are. However, we do use cookies to identify that you have logged in, and that your web browser has accessed the Services, and we may associate that information with your Account. We may also store unique or near-unique identifiers that we associate with your Account in our cookies. This information, in turn, is sometimes used as described above in "Information Related to Use of the Services." Most web browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your web browser) allowing you to decide on acceptance of each new cookie in a variety of ways. If you disable cookies, you won’t be able to log into your Account, and so won’t be able to use the vast majority of our Services. Some services that we use (including Third Party Services), such as Google Analytics, use web tags and may also place their own cookies on your browser. We also run limited-time studies using web tags, sometimes with third parties, to, for example, measure the effectiveness of our advertising or email. Note that, unless otherwise disclosed, this Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties.

Information Shared with the Public Through the Services: content published through the Services and many actions you take on the Services are shared with the public. Because this kind of information can be seen by anyone and may be indexed by search engines (like Google Search) you should be careful about what you choose to disclose publicly and make sure it’s information you want to share with everyone. The content you create on Flockler is, by default, public.

Information Shared Between the Services: We may, if possible, aggregate information about your use of multiple Services and use that consolidated information to enhance and improve the Services, and to develop new Services.

Information Shared with Our Agents in Order to Operate and Improve the Services: In some cases, we share information that we store (such as IP Addresses) with third parties, such as service providers, consultants, and other agents ("Agents"), for the purposes of operating, enhancing, and improving the Services, and developing new products and services. Our Agents do not have any right to use information we share with them beyond the scope and duration of what is necessary to assist us. Flockler will not sell personal data to third parties, nor make personal data available to them for other purposes than to enable use of the Services. Flockler may utilize third party processors to perform data processing on Flockler’s behalf. In this case, such third party service providers are required to comply with this Flockler’s Privacy Policy, data processing agreement and any other appropriate technical and organizational measures. Should Flockler transfer any personal data collected or processed via Services to any third party, Flockler will ensure at all times that the third-party service provider will be bound by appropriate contractual guarantees with respect to such third party’s obligations in accordance with applicable data protection law and ensuring all times that personal data will remain protected in accordance with at least the same standards as under this Privacy Policy.

Transfers of Personal Data: Flockler processes and stores personal data primarily within the European Union. However, personal data may be transferred, in compliance with applicable regulations, to the United States and/or other third countries that do not have similar laws providing protection for personal data or that have different legal rules on data protection. Should Flockler transfer personal data to such third countries, personal data will be protected as described in this Privacy Policy and in accordance with the applicable law.

Recipients of Personal Data: List of Flockler’s subcontractors processing personal data are enclosed in https://flockler.com/subcontractors as well as the appropriate transfer mechanisms.

Furthermore, in connection with providing customized services, we may transmit Customer User Information to third-party service providers based on a specific assignment by our respective Customer in question.

Information Disclosed for Our Protection and the Protection of Others: We reserve the right to access, preserve, and disclose any information as we reasonably believe is necessary, in our sole discretion, to (i) satisfy any law, regulation, legal process, governmental request, or governmental order, (ii) enforce this Privacy Policy, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, trust and safety, or technical issues (including exchanging information with other companies and organizations for the purposes of improving security and preventing fraud, spam, and malware), (iv) respond to user support requests, or (v) protect the rights, property, health or safety of us, our users, any third parties or the public in general, including but not limited to situations involving possible violence, suicide, or self-harm.

The security of your information

Your Account Information is protected by a password for your privacy and security. We may enable additional security features in the future, like multi-factor authentication. You need to prevent unauthorized access to your Account and information by creating a unique, secure, and protected password and limiting access to your computer and browser by signing off after you have finished accessing your Account on the Services.

We seek to protect your information (including your Account Information) to ensure that it is kept private; however, we can’t guarantee the security of any information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

Flockler implements appropriate technical and organizational measures and procedures in such a way that ensures the protection of data subject’s rights, and always in accordance with applicable data protection law, as well as to protect personal data against accidental or unlawful destruction, loss, alteration, disclosure, access and other unlawful forms of processing. Flockler ensures that all persons processing personal data under its authority and supervision have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

In case of a data security breach leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data, Flockler will inform data subjects of the breach without undue delay, including a summary description of the potential impact and a recommendation on measures to mitigate the possible adverse effects of the breach.

Flockler ensures that personal data has been pseudonymized or anonymized wherever possible. Services contain appropriate authorization mechanisms to avoid unlawful access, as well as effective encryption has been used to mitigate the risk of data security breaches. Flockler will inform when an updated version of the service is available, and if the update is security critical, Individual Users will be prevented from using the old version of the service.

Furthermore, Flockler recommends that data subjects take additional measures to protect information privacy, by keeping confidential account information and passwords.

What information you can access

If you are a registered user, you can access most information associated with your Account by logging into the Services and checking your Account Settings page. Registered and unregistered users can access and delete cookies through their web browser settings.

Rights of data subjects

As a data subject you have the right to access, rectify, cancel, and object to the processing of your personal data by directing any such requests to Flockler. Flockler allows data subjects to exercise these rights by submitting a data subject request through Services or by contacting Flockler at info(at)flockler.com

Furthermore, you have the right to lodge a complaint with a data protection supervisory authority.

Changes to this Privacy Policy

Flockler may amend this Privacy Policy from time to time. Users may be required to accept the amended Privacy Policy upon logging in to Services in order to keep using the services. Flockler will notify data subjects of any substantial changes to this Privacy Policy and processing activities, well before the effective date of the changes by sending an email or in another effective manner to give data subjects a reasonable notice period to assess the consequences of such changes. If you do not agree to such new version of this Privacy Policy, you may terminate use of Services by notifying Flockler via the service or by sending an email to info@flockler.com. In this event, you will not be bound by the new version of this Privacy Policy.

Questions and concerns

If you have any questions or comments, or if you want to update, delete, or change any Personal Information we hold, or you have a concern about the way in which we have handled any privacy matter please contact us by email privacy@flockler.com.

Flockler Oy
Business ID 2365844-6
privacy@flockler.com
Rautatienkatu 26 B 32
33100 TAMPERE
Finland
Data Protection Officer
Jani Elo
privacy@flockler.com
Rautatienkatu 26 B 32
33100 TAMPERE
Finland