US PRIVACY POLICY
- WHO ARE WE?
This website ("Site") is operated by Fluent Media, LLC, a New York limited liability company ("Fluent", "we", "us" and/or "our"). You can contact us as indicated under the "Contact" section below.
The business responsible for your Personal Information is Fluent Media LLC with whom you contract as a customer, member or membership applicant ("Fluent”, "we", "us" and/or "our"). - WHAT THIS PRIVACY POLICY IS FOR
This privacy policy ("Policy") applies to Personal Information that we collect from you as a user of this Site or as a membership applicant, member, customer, or guest ("you" or "your" being interpreted accordingly). It provides information on (1) the Personal Information that we collect and how we use and disclose that information and (2) the privacy rights California residents may have relating to their Personal Information under the California Consumer Privacy Act ("CCPA") and how those rights can be exercised.
'Personal Information' as used in this Policy means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual or, if required by applicable law, a household. All other capitalized but undefined terms shall have the meanings assigned to them in applicable laws.
By using our Site or submitting your Personal Information you are taken to accept the terms of this Policy, so please read these documents carefully. If you do not agree to this Policy, please do not access the Site or otherwise submit Personal Information to us. - PERSONAL DATA WE COLLECT
The following describes (1) the categories and sources of Personal Information we collect, (2) examples of the types of information that fall within each category of Personal Information collected, (3) how we use each category of Personal Information, and (4) how we disclose Personal Information.
Contact Information:
We collect this type of information from:
- You, such as when you sign up for our newsletter, request informational material, create an account, make a purchase, or contact customer service.
- Third-party services, such as online restaurant-reservation or travel-fare aggregator websites, when you make a reservation through the third party.
- Other third-party partners, such as brands with which we are collaborating or co-hosting events.
We also collect information regarding Fluent events, attendance and ticketing which we require for the purposes of completing your ticket purchase and attendance at the event.
Payment information:
We also collect information about your debit/credit card and bank account information provided by you to our payment service providers. We require this information for the purposes of completing your purchases with Fluent.
Representative Data Elements:
Data elements in this category include name, address, email address; business address and phone number; gender, and date of birth.
We may arrange that card or payment data you submit in support of a membership application, subscription fee, ticket purchase and/or F&B purchase at any of our operations is stored for the purpose of processing your application, initiating your membership and collecting your subscription fees if your initial application is successful. If you are put on to a membership waiting list, please note that this data may be stored for later use to initiate your membership and subscription. - AUTOMATICALLY COLLECTED PERSONAL DATA
- Log Data: When you visit our Site, our servers record information (“log data”), including information that your browser automatically sends whenever you visit the Site. This log data includes your Internet Protocol (“IP”) address (from which we understand the country you are connecting from at the time you visit the Site), browser type and settings, the date and time of your request.
- Our Site uses cookies (small text files placed on your device) and similar technologies to distinguish you from other users. This is to provide you with a good user experience when you browse our Site and allows us to improve its features.
- HOW WE USE YOUR PERSONAL DATA
Purpose for Collecting, Using, and Sharing the Personal Information:
We use Contact Information to identify you and communicate with you, including:
- To process your membership application
- To process fee subscriptions;
- To complete your ticket purchase for Fluent events, for example, to process your payment and contact you in relation to such event. Such use is necessary for the performance of the contract between you and us;
- To process, confirm, and fulfill bookings at partner hotels, spas, gym classes, and events;
- To process your purchases through our retail Sites;
- To send transactional messages (such as order confirmations and account information);
- To send you surveys, marketing communications, promotional offers, and other information you’ve requested;
- To personalize our communications;
- To provide customer service;
- For our everyday business purposes in accordance with the law, such as for legal and other information you’ve requested;
- To personalize our communications;
- To provide customer service;
- For our everyday business purposes in accordance with the law, such as for legal and regulatory compliance, security and fraud detection, and/or to enforce our rights.
- As necessary for certain legitimate business interests, which include the following:
- where we are asked to deal with any enquiries or complaints you make.
- to administer our Site, to better understand how visitors interact with our websites and ensure that our Site is presented in the most effective manner for you and for your computer/device.
- to conduct analytics to inform our marketing strategy and enable us to enhance and personalize the experience we offer to our members and our communications, including by creating customer or member profiles to enable personalized direct marketing communications.
- to provide postal communications which we think will be of interest to you.
- if you ask us to delete your data or to be removed from our marketing lists and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing. - to share personal data among our affiliated businesses for administrative purposes, for providing membership services and in relation to our sales and marketing activities.
- we may anonymize, aggregate and de-identify the data that we collect and use such anonymized, aggregated and de-identified data for our own internal business purposes, including sharing it with our current and prospective members, business partners, our affiliated businesses, agents and other third parties for commercial, statistical and market research purposes, for example to allow those parties to analyze patterns among groups of people, and conducting research on demographics, interests and behavior.
- for internal business/technical operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes and as part of our efforts to keep our Site, network and information systems secure.
We may use your personal data for other purposes which you have consented to at the time of providing your data.
As used in this Privacy Policy, “legitimate interests” means the interests of Fluent and our affiliated businesses in conducting and managing our organization. When we process your personal data for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate interests do not automatically override your interests. We will not use your personal data for activities where our interests are overridden by the impact on you, unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object at any time to processing of your personal data that is based on our legitimate interests, on grounds relating to your particular situation (for more information on your rights, please see “Your Data Protection Rights” section below).
- DISCLOSURE OF YOUR INFORMATION
We may share your personal data with third parties in the following situations:
- Service Providers: Fluent, like many businesses, sometimes hires selected third parties who act on our behalf to support our operations, such as (i) card processing or payment services (see the section below headed “Payment Information”), (ii) credit reference agencies to protect against possible fraud, (iii) IT suppliers and contractors (e.g. data hosting providers or delivery partners) as necessary to provide IT support and enable us to provide membership services and other goods/services available on this Site or to members, (iv) web analytics providers, (v) providers of digital advertising services and (vi) providers of CRM, marketing and sales software solutions. Pursuant to our instructions, these parties may access, process or store your personal data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.
- Fluent Affiliated Businesses: We operate on a global scale. In order to provide the services you request from us, our affiliated businesses may access and process the information which we collect from you for the purposes described above, including to offer products and services to you. Our affiliated businesses will only use your data for the purposes for which we originally collected it.
- Business Transfers: if we sell our business or our company assets are acquired by a third party personal data held by us about our members, membership applicants or customers may be one of the transferred assets.
- Administrative and Legal Reasons: if we need to disclose your personal data (i) to comply with a legal obligation and/or judicial or regulatory proceedings, a court order or other legal process. (ii) to enforce our Terms & Conditions, or (iii) to protect us, our members, membership applicants, or contractors against loss or damage. This may include (without limit) exchanging information with the police, courts or law enforcement organizations.
- PAYMENT INFORMATION
Any credit/debit card payments and other payments you make through our Site will be processed by our third-party payment providers and the payment data you submit will be securely stored and encrypted by our payment service providers using up to date industry standards. Please note that we do not ourselves directly process or store the debit/credit card data that you submit.
We may arrange that card or payment data you submit in support of a membership application or subscription fee is stored for the purpose of processing your application, initiating your membership and collecting your subscription fees if your initial application is successful (or if you are put on to a membership waiting list, please note that this data may be stored for later use to initiate your membership and subscription).
We store and use this card or payment information for the purpose of processing any future payments that you make as a member for additional goods and services. We will store this data in accordance with our legal obligations under applicable law and only for so long as legally permitted.
You may choose to opt out of us holding your card or payment data although this means that you will need to re-supply us with card/payment details to initiate your membership subscription fee or for the purpose of making any future purchases. - SECURITY
Where we have given you (or where you have chosen) a password or log-in which enables you to access certain restricted parts of our Site, you are responsible for doing everything you reasonably can to keep these details secret. You must not share your password or log-in details with anyone else.
Unfortunately, the transmission of information over the internet or public communications networks can never be completely secure. We will take appropriate technical and organizational security measures to protect the personal data that you submit to us against unauthorized/unlawful access or loss, destruction or damage, although we cannot 100% guarantee the security of personal data that you provide to us online. - YOUR DATA PROTECTION RIGHTS
We will keep your personal data only for as long as is reasonably necessary for the purposes outlined in this Privacy Policy, or for the duration required by any legal, regulatory, accounting or reporting requirements, whichever is the longer.
To determine the appropriate retention period for your Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the purposes for which we process your Personal Information, applicable legal requirements or operational retention needs, and whether we can achieve those purposes through other means.
Upon expiry of the applicable retention period we will securely destroy your Personal Information in accordance with applicable laws and regulations. In some circumstances we may anonymize your Personal Information so that it can no longer be associated with you, in which case it is no longer Personal Information. - YOUR PRIVACY RIGHTS
Certain applicable data protection laws give you specific rights in relation to your Personal Information. In particular, if you are a California resident and the processing of your Personal Information is governed by the CCPA, subject to applicable exceptions, you have the following privacy rights in relation to your Personal Information we have collected:
- The right to know what Personal Information we have collected and how we have used and disclosed that Personal Information.
- The right to request deletion of your Personal Information.
- The right to opt-out: We do not and will not sell your Personal Information but we may share your Personal Information (including your Contact Information, Technical Information, and Relationship Information) with social media platforms and other advertising partners that will use that information to match and serve our targeted advertisements on the social media platforms and other third-party websites. We do not control and are not responsible for the social media platforms’ or advertising partners’ processing of your Personal Information. You can opt out of this sharing on a vendor-by-vendor basis here. You can also opt out of our use of your Personal Information for targeted advertising purposes by emailing info@fluentmag.com.
- The right to be free from discrimination relating to the exercise of any of your privacy rights.
Verification: In order to protect your Personal Information from unauthorized access or deletion, we may require you to verify your login credentials before you can submit a request to know or delete Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Information for verification. If we cannot verify your identity, we will not provide or delete your Personal Information.
Authorized Agents: You may submit a request to know or a request to delete your Personal Information through an authorized agent. If you do so, the agent must provide signed, written permission to act on your behalf and you may also be required to independently verify your identity with us. - CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our Privacy Policy in the future will be posted on this page. Please check back frequently to see any updates or modifications. If required by the applicable law, we will notify you of any material or substantive changes to this Privacy Policy. - CONTACT
Questions, comments or requests regarding this Privacy Policy should be addressed to info@fluentmag.com.