Privacy Policy

This Privacy Notice describes how FLCKN, Inc. (“FLCKN” or “we” or “our” or “us”) treats certain information collected or provided in connection with an end user’s (“you” or “your” or “user”) use of FLCKN’s websites, www.flckn.com and app.flckn.com, FLCKN App and any other website, social media pages, apps, or other digital medium owned or operated by FLCKN. This Privacy Notice also applies to any Personal Information collected, stored, or used by us, such as information you provide us through the above mediums, by email, mail, or telephonic communications (collectively, the “Site”).

The information provided in this Privacy Notice is designed to inform you of what information we collect, why we collect such information, how we use the information we collect, and the choices we offer, including how to access and update information. By accessing or using our Site, you consent to the Terms and Conditions and this Privacy Notice, including our collection, use, and disclosure of your Personal Information, as described below. This Privacy Notice is not a contract and does not create any legal rights.

Please read this Privacy Notice carefully.

Our Collection and Use of Personal Information

Personal Information is any information that can be used to identify you. This Privacy Notice does not cover data we, or our authorized third-party vendors or partners, collect that cannot be used to identify an individual or to pseudonymous data.

We get most Personal Information directly from you, through the Site, or from transactions with you. We might also obtain Personal Information about you from other Site users or other entities with whom we have contact. If you are sharing information with us about any other individual, you must obtain their consent.

Categories of Personal Information we may collect from you include:

• Your name.
• Contact information, including your phone number, email address, and social media account identifiers.
• Information you provide when interacting with the Site, including user account information, information provided in reviews, and communications (email/DM).
• Website analytics information, including when, how often, and for how long you use the Site; information related to your geographic location, including precise geolocation information; the content you submit and view; the name of the domain and host from which you access the Internet; and the IP address of the computer or device you are using.

We may use standard tools, such as cookies or web beacons, to monitor the Site and Internet usage and to improve or customize the content on the Site. You can opt-out of certain cookies through our cookie banner and should also be able to control the use of cookies by changing your own browser settings.

We collect personal information to help identify you; to perform contractual obligations, including processing of reviews, advertising, and partnership commitments; to create a personal profile containing preferences and other information you voluntarily provide to us so we can personalize the content you view on our Site; to communicate with you; to properly administer our Site; to research and analyze the use of our Site and services so we can improve our services; to detect and prevent fraud; and to comply with legal obligations.

You can choose to not provide certain information to us but it may delay or prevent us from providing our services to you or from you being able to access our Site.

Categories of Personal Information Disclosed or Sold

We disclose the following categories of Personal Information to third parties:

• Information you provide when interacting with the Site, including user account information, transaction data, and communications (email/DM).
• Website analytics information, including when, how often, and for how long you use the Site; information related to your geographic location, including precise geolocation information; the content you submit and view; the name of the domain and host from which you access the Internet; and the IP address of the computer or device you are using.

We do not sell your Personal Information to any third parties. We do not knowingly sell personal information of consumers under the age of 16.

Categories of Third Parties That May Receive Your Personal Information

In order to conduct our business and better serve you, we may disclose Personal Information and other information about you or your activities on our Site or while using our services with:

• Our affiliates.
• Our service providers and vendors, such as promotional partners, website hosts, analytics providers, legal counsel, and various customer, tech, and operational support.
• Third parties approved by you, such as social media sites.
• Law enforcement agencies, regulatory bodies, courts, or other public authorities, to comply with our legal and regulatory obligations, to respond to requests from governmental authorities, to protect our rights, to defend against legal claims, or as otherwise required by law.

Some third-party providers may independently collect Personal Information when you visit our Site. For example, our Site includes social media features connected with social networking sites such as Facebook, Google, and Apple. Those sites may collect your IP address and which page you are visiting on the Site, and may set a cookie to enable social media features to function properly. If you sign in through a social media account, you are authorizing us to collect, store, and use any and all information that you agreed the social media company would provide to us through its Application Programming Interface (“API”), such as your name, username, email address, and profile information. Our authorized third-party vendors and partners have their own privacy notices which govern the use, handling, and disclosure of your Personal Information. For example, your interactions with social media sites, including any Personal Information you provide via buttons or links to these sites, are governed by the privacy notice of the social media company.

We do not currently respond to Do Not Track or Global Privacy Control browser settings. We reserve the right to update our practices and Privacy Notice as such standards evolve.

Retention, Confidentiality, and Security of Personal Information

The Personal Information we collect is retained as long as is reasonably necessary to fulfill the purpose of collection or further processing as described in this Privacy Notice; as we determine is necessary for our business operations; and to comply with applicable law.

We maintain reasonable physical, electronic, and procedural safeguards to guard your information. However, the Internet is not absolutely secure and, thus, we cannot promise guaranteed security. In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you. As applicable, we will comply with notification requirements for a security breach and may also notify you by email.

In the event of a merger, acquisition, corporate change, or bankruptcy, we may share or transfer your Personal Information as part of a transfer of our assets to the acquiring entity.

Children Under 13

We do not knowingly collect information from minors and the Site is intended for adults over the age of 18. If you are a parent or guardian and believe that your child under the age of 13 has provided Personal Information to us without your consent, please notify us at [email protected]. If we become aware that information is or has been submitted by or collected from a minor under the age of 13, we will work to promptly delete this information.

Your Rights

Our international users may have certain rights. Please read below for the rights that apply to residents of the European Union and the United Kingdom.

Under the General Data Protection Regulation (GDPR) and the corresponding UK Data Protection Regulation, we can only use your data for certain reasons where we have a valid legal basis. We will only use (process) your personal data if you have given us consent to do so, it is necessary to fulfill a contract, or it is necessary for a legal obligation.

To deliver our services to you, it is necessary for us to transfer your personal data to the United States. Until there is an adequacy decision, we will enter into standard contractual clauses with our service providers when needed to ensure compliance with applicable data protection laws.

You have the following rights:

• The right to request access to your personal data in our possession.
• The right to request rectification (correction of inaccuracies) of your personal data in our possession.
• The right to erasure (deletion) or of certain restriction of processing of your personal data in our possession.
• The right to object to the processing of your personal data in our possession.
• The right to data portability (transfer) of your personal data in our possession.
• The right to not be subject to a decision based solely on automated processing (profiling) if the processing has a legal effect on you, unless it is necessary for entering into a contract or contractual performance, and is authorized by law or based on your explicit consent.

Where you have given us consent to process your personal data for a specific purpose, you may withdraw that consent for processing that has not yet occurred.

We hope that we can resolve any questions or concerns you may have about this Privacy Notice. In the European Union, you have the right to file a complaint with a supervisory authority.

Contact Us

If you no longer wish to receive communications from FLCKN, please contact us at [email protected]. Opt-out requests may not be able to be immediately processed and we may continue to send you other types of transactional email communications.

If you have any questions or concerns about our Privacy Notice or would like to exercise your rights under GDPR, please contact us at [email protected].

Users may log into their account to view, amend, or delete account information. Please note that while changes or deletions to your account or Personal Information may be reflected promptly in the active user database, our servers or our associated third parties may retain previously provided information, and may be required to keep certain information or not delete it, or keep information for a certain period of time.

Any changes to, or deletion of, account information does not affect any other information collected by us, or which we may retain and continue to use or disclose in accordance with this Privacy Notice. If we already provided your Personal Information to a third party before you changed your preferences or updated your account, you may need to change your preferences directly with that third party.

We reserve the right to verify the identity of any person making a request to opt-out or to delete or modify Personal Information; provided, however, that we will have no liability of any kind resulting from false or erroneous requests or any change or deletion made by us for any reason.

Changes and Updates to the Privacy Notice

This Privacy Notice applies to all relevant information collected by or provided to us or our authorized third-party vendors or partners as of the Effective Date. When we make any material changes to this Privacy Notice, we will update the Effective Date and may inform you by email to the address associated with your account. We will treat your continued use of this Site or our services following such notice as your acceptance of the changes.

The Effective Date of this Privacy Notice is November, 2022.