Privacy Policy

24th February 2025 (“Effective Date”)

Overview

Influx Inc. (“Influx”, “we”, “us”, “our”) is committed to protecting your privacy. This Privacy Policy describes our practices regarding the collection, use, disclosure of personal information from users of our Site and Services. Capitalized terms not defined in this Privacy Policy have the meanings provided in our Terms of Service.

The processing of Personal Data shall always be in compliance with applicable data protection regulations, including the United States privacy laws (including the California Consumer Privacy Act (“CCPA”)), as amended by the California Privacy Rights Act (“CPRA”), while Influx may not be directly subject to the CPRA, we strive to uphold privacy best practices in line with the industry standards and applicable laws; the General Data Protection Regulation (“GDPR”) in the European Union; and with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (“Privacy Act”), and in accordance with country-specific data protection regulations applicable to Influx.

We have implemented various technical and organizational measures to ensure the most complete protection of Personal Data processed through the Site.

1. User Consent

Where consent is the lawful basis for processing your data, we will always ask for you for positive affirmation before processing. By using our Services, you acknowledge, agree and affirmatively consent to the terms outlined in this Privacy Policy.

If you choose to withdraw your consent, you may do so by discontinuing the use of our Services. Please note that continued use of our Services constitutes ongoing consent to the terms of this Privacy Policy.

2. California Consumer Privacy Act (“CCPA”)

For residents of California (USA), we aim to comply with the CCPA. If you are a California resident, you have the following rights regarding your Personal Data:

• Right to Know: You have the right to request information regarding the Personal Data we have collected about you, including how and why we collect and use the data.

• Right to Access: You have the right to request a copy of the Personal Data we have collected about you.

• Right to Correct: You can request the correction of inaccurate Personal Data we have about you.

• Right to Delete: You have the right to request the deletion of your Personal Data, subject to certain exceptions.

• Right to Opt-Out: You have the right to opt-out of the sale of your Personal Data. We do not sell Personal Data to third parties.

• Right to Non-Discrimination: Exercising your privacy rights will not result in denial of services, different prices, or discrimination.

• Retention of Personal Data: We retain Personal Data only for as long as necessary for business purposes, as required by law.

To exercise your CCPA rights, please contact us using the details provided below. We will process your request in accordance with applicable law.

3. General Data Protection Regulation (“GDPR”)

For the purpose of the GDPR in the European Union, Influx is a Data Controller for Personal Data collected from users of our Services and Site, and is a Data Processor when processing Personal Data on behalf of our clients. Influx ensures the following GDPR rights for European residents within the European Union:

• Right to Access: You have the right to request access to your Personal Data that we hold.

• Right to Rectification: You have the right to correct any inaccurate or incomplete Personal Data.

• Right to Erasure: You have the right to request the deletion of your Personal Data, subject to certain conditions.

• Right to Restriction: You have the right to request the restriction of processing under certain circumstances.

• Right to Portability: You have the right to request your data be transferred to another controller.

• Right to Object: You have the right to object to the processing of your Personal Data in certain situations.

• Right to Withdraw Consent: Where processing is based on consent, you have the right to withdraw your consent at any time.

We ensure that Personal Data is processed in a transparent manner, only for legitimate purposes, and in compliance with the principles of data minimization and purpose limitation. Where applicable, we maintain agreements with clients to ensure Personal Data is processed lawfully and in accordance with privacy regulations.

4. Australian Privacy Principles (APPs) Privacy Act 1988 (“Privacy Act”)

For the purposes of the Privacy Act in Australia, Influx ensures that we comply with the Australia Privacy Principles (APPs) when processing Personal Data. The APPs require us to:

• Open and Transparent Management: We ensure that we are transparent about the Personal Data we collect, how we use it, and how it is disclosed.

• Anonymity and Pseudonymity: We allow individuals to interact with our services without revealing Personal Data, where appropriate.

• Collection: We only collect Personal Data that is necessary for our operations.

• Use and Disclosure: We use Personal Data for the purposes for which it was collected and do not disclose it to third parties without your consent, unless required by law.

• Data Security: We take appropriate steps to protect Personal Data from misuse, loss, or unauthorized access.

• Access and Correction: We allow individuals to access and correct their Personal Data where required by the Privacy Act & APPs.

• Cross-Border Disclosure: We ensure that if Personal Data is transferred internationally, appropriate safeguards are in place to protect it.

In addition to these practices, we adhere to specific rules and regulations to protect sensitive information and ensure privacy is maintained in accordance with the Privacy Act.

5. Types of data we collect

• “Personal Data” means any information that can identify you, such as your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

• “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons.

We collect Personal Data and Anonymous Data, as described below.

6.Information You Provide to Us

• Account Data: When you create an account with us, we may collect this Personal Data from you, such as your name, e-mail and mailing addresses, phone number, and password. The legal basis for this collection is based on your consent and the necessity for contract performance.

• Payment Data: When you make a purchase, we collect payment information, such as credit card details, debit card information, and/or PayPal information, required for processing transactions. This data is used solely for transaction processing and is handled securely.

• Additional Data: Any information you provide when contacting us or submitting feedback, or interacting with customer support, including e-mails and support tickets, and other forms of communication. This data helps us address inquiries and improve our Services.

• Subscription Data: On the Site you may have the ability to subscribe to various newsletters, marketing materials, or other forms of communication. The Personal Data collected during the subscription process may include your name, email address, and any other details you provide in the subscription form. We use this information to regularly inform you about updates, offers, and other communications related to our Services.

The legal basis for processing this data is:

• Your consent through your voluntary submission of the subscription form and agreement to these terms; and/or
• Any other legitimate interests as detailed below.

By submitting the form and voluntarily providing your data, you consent to its use for the purpose stated above. You can revoke your consent at any time by clicking the unsubscribe link found in each subscription e-mail.

We may also collect Personal Data as you use our Services. In some circumstances, Personal Data may be provided to us by third parties, such as our related entities, service providers or other organisations acting on your behalf. With your explicit consent, your Personal Data may be shared through these third-party interactions. The purposes as outlined above may include the processing of such Personal Data to the extent necessary for us to comply with a law, regulations or legal requests; or to protect the safety of individuals or to prevent fraud and ensure the integrity of our Services.

7. Information We Collect as You Use Our Services

We collect as certain information automatically as you use our Services. This includes, but is not limited to:

• Log Data: Our servers automatically record information that your browser sends whenever you visit our website. This data may include information, such as your Internet Protocol (IP) address, browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

  The legal basis for processing this is that it is necessary for the performance of a contract between you and us. This includes the provision of Services and related activities such as customer support. Additionally, processing this data is necessary to carry out pre-contractual measures and to fulfil our legitimate interests in operating and improving our business, enhancing user experience and ensuring the security of our website and Services.

• Google Analytics: We use Google Analytics to track and analyse the behaviour of users on our Site. Google Analytics may collect information such as your IP address, browser type and referring URL, among other data. You can opt-out of Google Analytics tracking for Display Advertising by using the Google Ads Preferences Manager or by installing theGoogle Analytics Opt-Out Browser Add-On.

• Social Networking Sites: If you log in to the Service using your login credentials from a social networking site(such as Facebook, Twitter, or LinkedIn) (“Social Networking Site”), or link your account with your Social Networking Site, we may receive information about you from such Social Networking Site, in accordance with such Social Networking Site’s terms of use and privacy policy (“SNS Terms”). This may include your name, profile picture, gender, birthday, and other personal information provided by the Social Networking Site. We may add this information to the information we have already collected from you via the Service. If you elect to share your information with these Social Networking Site, we may share it in accordance with your election. The SNS Terms will apply to the information we disclose to them.

• Staff Data: If you interact with our customer service team via a ticketing system (e.g., Zendesk or similar account), we may collect Personal Data to support your inquiries, including your contact details and communication history. This information is used solely for the purpose of providing customer support and addressing any issues you may have. Additionally, to improve our Site and Services, we may collect Personal Data about your staff (including your employees, contractors, subcontractors, agents and officers) by extracting this information from your Zendesk (similar) account.

  This data may be processed to track staff engagement and response rates to support tickets. We may then use that data in aggregate (i.e. anonymised) in order to determine metrics associated with our services.

  The legal basis for this processing is based on the legitimate interests of carrying out our business, improving our Services, and providing personalised Services, as well as any other legitimate interests as detailed below.

8. Information We Collect as a Data Processor

At Influx, we are committed to implementing data processing practices that comply with the requirements of the current legal framework, including the General Data Protection Regulation (“GDPR”) (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

As a data processor, we process Personal Data on behalf of our clients, who act as the data controllers. In this capacity, we are required to adhere to the instructions provided by our clients and only process Personal Data for the purposes specified by our clients.

• Client Data: We collect Personal Data that our clients have chosen to share with us, in order to provide Services. It is important to note that our clients remain the data controllers and are fully responsible for the Personal Data they provide. Our clients may have integrated Influx applications into their systems or vice versa. This means we may collect Personal Data that our clients may send to us either manually or automatically (or permit us to access) through API that is integrated with our system.

• Use of Your Personal Data: We process client data solely for the purpose of fulfilling the Services requested by our clients. We do not use this data for our own purposes. This data may be stored, analyzed, and processed to assist our clients in delivering customer support services, or other contracted activities. We will not engage in any further use of Personal Data beyond what is required for the Services agreed upon.

Our use of Personal Data includes, but is not limited to:

• To conduct our business, including negotiating, executing and or managing contracts;

• Facilitating the creation of and ensuring security, such as verifying email addresses and authenticating account(s);

• Providing access to protected areas of the Site;

• Responding to inquiries, resolving issues, and addressing user requests;

• Preventing fraud, including secondary fraud protection, and ensuring compliance with our Terms and Conditions;

• Sending administrative, such as security or support notifications;

• Customizing content and improving our Site and Services based on your preferences;

• Sending newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Influx;

• Detecting and preventing unlawful activities or omissions or acts or omissions with the potential to breach our Terms and Conditions accessible on the Site (“Terms and Conditions”), this Privacy Policy or any other policy;

• Combining and aggregating Personal Data with third-party information for analysis or business purposes;

• Protecting user’s rights, property and/or safety.

Additionally, if you access our Site from a shared or third-party device, your personal information may also be visible to other users who access that device.

• Sub-processor: In order to deliver specific services, we may need to engage sub-processors (third-party vendors) who have access to Personal Data. Prior to engaging any sub-processors, we will notify our clients and seek their approval. We ensure that sub-processors are contractually bound to comply with the same data protection obligations as those set forth in this Privacy Policy, and we remain fully accountable for their actions. For the purpose of data processing, Influx engages the respective sub processors as listed in: https://influx.com/sub-processors.

At all times, we ensure that the processing of Personal Data is performed in compliance with the GDPR and other relevant data protection laws. We also take appropriate technical and organizational measures to ensure the security and confidentiality of Personal Data.

9. Creation of Anonymous Data

We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and optimize Site navigation.

Influx reserves the right to use Anonymous Data for any purpose, including research, analysis, and marketing and may disclose Anonymous Data to third parties in its sole discretion, in compliance with applicable data protection laws regarding anonymization.

10. Disclosure of Your Personal Data

We may disclose your Personal Data to the following categories of third parties for the purposes contained in this Privacy Policy:

• Service Providers: We may share your Personal Data with third-party service providers to help us deliver the Services you have requested. These providers assist with various functions, including but not limited to:
  • Providing the Services through our Site;
  • Conducting quality assurance testing;
  • Facilitating creation of accounts;
  • Providing technical support;
  • and/or offering other services to Influx.

  The service providers we work with may include:

  • Independent contractors who provide email and call centre support to you or our clients or us, and who assist us with the tasks listed above under “Use of Your Personal Data”;
  • Information technology service providers such as web hosting providers and analytical providers;
  • Mailing houses that assist with communication and mailing;
  • Market research organisations that measure the effectiveness of our advertising;
  • Specialist consultants to support business operations; and
  • If necessary, data processors and sub-processors as listed in http://influx.com/sub-processors, when applicable.

  These third-party service providers are required not to use your Personal Data other than to provide the services requested by Influx and are contractually bound to ensure the security and confidentiality of your data.

• Affiliates and Acquisitions: We may disclose some or all of your Personal Data, including our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor and comply with this Privacy Policy and to process your Personal Data in accordance with its terms. In the event we are involved in a merger, acquisition or sale of assets we may disclose Personal Data collected by us to such the involved in the transaction, including those with whom entities that we propose to merge with or be acquired by, in such cases, these entities, and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

  This may also include the disclosure of information to our clients when we act as a data processor on their behalf.

• Third Parties with Your Consent: We may disclose your Personal Data to third parties to whom you expressly given consent. Additionally, with your consent or at your direction, we may also, with your consent or at your direction, we may disclose your Personal Data to your authorised representatives, as necessary to provide our Service or as directed by you.

• Other Disclosures: Regardless of any choices you make regarding your Personal Data (as described below), Influx may disclose Personal Data if we believe in good faith that such disclosure is necessary, for the following purposes: (i) To comply with legal investigation, laws, regulations, or enforceable governmental requests or to respond to subpoenas or warrants served on Influx; (ii) to protect or defend the rights or property of Influx or its users, or others; (iii) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Terms of Service (iv) to ensure the safety of individuals, including security measures for integrity of our platform; (v) to detect, prevent or address fraud, security or technical issues.

  We may share your Personal Data with third parties, subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures. These third parties may only use your Personal Data on our behalf and pursuant to our instructions.

  We will take reasonable steps to ensure that anyone to whom we disclose your personal information respects the confidentiality of the information and abides by the CCPA, Privacy Act & APPs, the GDPR, or equivalent privacy laws.

  Influx will not sell, share, rent or disclose your Personal Data in ways that differ from what is outlined in this Privacy Policy.

  If we act as a data processor on behalf of our clients, we may also disclose Personal Data as instructed by our clients.

11. If We Can’t Collect Your Data

If you choose not to provide us with certain Personal Data, some of the following may occur:

• We may not be able to provide the requested products or services to you, either to the same standard or at all;

• We may be unable to process payments or fulfil service requests without necessary billing information;

• We may be unable to run the competitions and promotions in a way that benefits you;

• We may not be able to provide you with information about products and services that you may want;

• We may be unable to tailor the content of our websites to your preferences, which could affect your experience and make it less enjoyable or useful.

12. Cookies and Tracking Technologies Policy

We use cookies and other tracking technologies to enhance your experience on our Site and Services. These technologies help us gather information regarding:

• Performance and Functionality: Cookies allow us to deliver a more personalized experience, track your preferences, and remember your settings.

• Analytics: We use cookies to collect anonymous data, such as your IP address, browser type, and referring website, to improve the performance of our Services.

• Advertising: Cookies are used to display personalized ads and remarketing communications to your through third-party services, such as Google and Facebook.

You can manage your cookies preferences through your browser settings. For more information, please refer to our Cookie Policy as follows:

We also use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. Persistent Cookies can be removed by following Internet browser help file directions. Cookies may enable automatic logins when you visit in the future and may enable content customization.

We sometimes use cookies to show remarketing communications via third party networks like Google Display network and Facebook. To opt out of these communications please visit the Network Advertising Initiative opt out page.

13. Third Party Sites

When you click on a link to any other website or location, you will leave our Site and maybe be directed to a third-party site. These third-party sites may collect Personal Data or Anonymous Data from you. We do not control, review, or assume responsibility for these external sites or their content. Please be aware that this Privacy Policy does not apply to these external websites or the data collection practices of third parties once you click on their links.

14. Managing Your Personal Data

Subject to the applicable laws, including CCPA, the GDPR, and Privacy Act, you may request to access the personal information we hold about you by contacting us. All requests for access will be processed within a reasonable timeframe, as required by these laws:

• Accessing or Rectifying Your Personal Data: If required by law and if reasonably practicable, we may provide you with tools and account settings to access, correct, delete, or modify your Personal Data. You may also request that we assist you in downloading and accessing the data you have provided to us by emailing us directly. If you are unable to access your account to access or rectify your Personal Data through your account, you may submit a request to us to correct, delete or modify your Personal Data.

• Deletion: We retain Personal Data only for as long as necessary for our operations. If you deactivate and delete your account, your Personal Data will no longer be visible in your account. To request deletion of your data, please contact us. Under CCPA, GDPR, and Privacy Act & APPs, you have the right to request the deletion of your Personal Data under certain conditions.

• Object, Restrict, or Withdraw Consent: If you have an account with us, you can manage your privacy settings directly from your account. If you do not have an account, you may submit a request to us if you wish to the storage of your Personal Data, or if you wish to restrict or withdraw consent given for its collection.

  You may withdraw your consent to process your Personal Data at any time. To do so, please contact us or, if applicable, click the unsubscribe link in any marketing you receive from us. These rights are provided to you under the CCPA, GDPR, and Privacy Act & APPs.

• Portability: We may provide you with the means to download the Personal Data you have shared through our Services. If you require this information, please email us using the contact details provided below in this Privacy Policy.

We may retain certain data for fraud prevention or similar purposes. In instances, we may not be able to provide access to your Personal Data. If this is the case, we will explain our decision in accordance with the CCPA, GDPR, and the Privacy Act .

We do not charge an application fee to access your Personal Data. However, we may charge an administrative fee in cases of repeated requests where information is held by a third-party provider.

Where we act as a data processor for a client, we do so according to their instructions. If you wish to access, correct, transfer, modify or delete any Personal Data we process on behalf of a client please contact the client directly.

15. Security of Your Personal Data

We take the protection of your Personal Data seriously and have implemented reasonable technical and organizational measures to secure it against unauthorized access, loss, or disclosure. These measures include encryption, secure access controls, and regular security assessments.

While we take steps to protect your Personal Data, please note that no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, although we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

16. International Transfer

We may transfer Personal Data outside of your country of residence, including to countries such as the United States, European Union, and Australia. When we transfer Personal Data internationally, we ensure that it is done in compliance with applicable data protection laws. To protect your data, we use appropriate safeguards, and other legal mechanisms as required by law. These measures ensure that your Personal Data continues to be processed in a manner consistent with the privacy protections afforded in your country of residence.

In certain circumstances, we may disclose your Personal Data to third parties such as service providers, business partners, or affiliates located in other countries. We ensure that any third parties with whom we share your data adhere to the same level of data protection standards as required by applicable laws.

17. Notifiable Data Breaches

We take data breaches very seriously. Depending on where you reside, our policy is as follows:

• If You Reside in the United States: In the event of a data breach, we will notify you as required by applicable state laws, including the California Consumer Privacy Act (CCPA) and other state-level data breach notification laws. We will take reasonable steps to secure any compromised data and minimize further risk. We will provide notification as soon as practicable if the breach is likely to result in significant harm to you, including offering information on the steps you can take to protect your data.

• If You Reside in the European Union or EFTA States: In accordance with GDPR, we will endeavour to notify the relevant supervisory authority within 72 hours of discovering a data breach that may pose a risk to your rights and freedoms. If there is a high risk to your rights, we will contact you without undue delay to inform you of the breach. We will review the incident, assess any impact, and implement measures to prevent future breaches.

• If You Reside in Australia: In the event of a data breach, we will comply with the notification requirements set forth in Part IIIC of the Privacy Act 1988 (Cth), or any applicable laws or regulations that supersede this section.

  • We will take immediate steps to contain the breach and prevent further access or distribution of your Personal Data.

  • If we have reasonable grounds to suspect that the breach may cause serious harm to any individuals, we will conduct an assessment within 30 days (or sooner, if possible). We will follow guidance from the Office of the Australian Information Commissioner (OAIC) in making this assessment.

  • If the breach is deemed not likely to cause serious harm, or remedial actions are successful in mitigating the harm, no notification will be issued.

  • If serious harm is still likely after the assessment, we will notify affected individuals as soon as practicable, detailing the breach and recommending steps they should take. We will also provide a copy of the statement to the OAIC.

18. Automated Individual Decision-Making, Including Profiling

If you reside in the European Union (EU), EFTA States, or the United States, you have the right not to be subject to decisions based solely on automated processing, including profiling, that significantly affect you, unless:

• The decision is necessary for entering into or performing a contract between us.

• The decision is authorized by Union or Member State law to which we are subject, with suitable measures in place to safeguard your rights and freedoms.

• The decision is based on your explicit consent.

If you wish to exercise your rights or have concerns about automated decision-making, please email us using the contact details provided below.

19. Retention of Data

We retain Personal Data only as long as necessary for the purposes outlined in this Privacy Policy, to fulfil our business obligations, or as required by law. When no longer required, we securely delete or anonymize Personal Data.

For example, we may retain your Personal Data:

• For the duration of our contractual relationship with you.

• As necessary to comply with legal obligations, resolve disputes, and enforce our agreements.

If you would like us to delete your data, please contact us using the contact details provided below.

20. Children’s Privacy

Users/individuals must be at least 18 years of age to use our Services. We do not knowingly collect personal information from individuals under 18 years of age without verifiable parental consent. If we learn that we have inadvertently collected Personal Data from a child under the age of 18, we will take steps to delete that information as quickly as possible.

For California residents, under the California Consumer Privacy Act (CCPA), minors under the age of 16 are provided special protections. Specifically, we do not sell personal information of minors under the age of 16 without verifiable parental consent. If you are a parent or guardian and believe that we have collected personal information from a minor under the age of 16 without the appropriate consent, please contact us immediately using the contact details provided below, and we will take appropriate action to remove such data.

21. User-Provided Content

If you voluntarily provide personal information through public forums, such as comments, reviews, or any other publicly accessible areas of our website, please be aware that such information may be seen by others. We are not responsible for any Personal Data that you disclose through these channels.

22. Contact Us

If you have any questions or concerns about this Privacy Policy or your Personal Data, please contact us:

Email: privacy@influx.com

Postal Address: 8605 Santa Monica Blvd #63484

West Hollywood, California 90069-4109, USA

If you do not feel satisfied with our response, you have the right to contact the relevant supervisory authority in your jurisdiction.

23. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. Any changes will be posted on this page, and the “Effective Date” will be updated accordingly. We encourage you to review this Privacy Policy regularly to stay informed about how we protect your Personal Data. Continued use of our Site or Service shall indicate your acknowledgement that it is your responsibility to review the Privacy Policy periodically and become aware of any modifications.

Change Log

2024-03-04 - Version 2:

• Data Protection Officer - Updated

• Information We Collect As a Data Processor - Updated

• Service Providers - Updated

2025-02-24 - Version 3:

• General Updates - clarifications, simplifications, updates to User Consent - Simplification of consent language; Country-specific data protection regulations (US, EU/EFTA States, Australia); International Data Transfer; Data Retention - deletion and accessibility of Personal Data.

• Elimination of Redundancy - simplified the sections on consent to make it easier for users to understand their rights, how the data is handled, and the relevant required actions.