Privacy Policy

Last Modified: October 5, 2022

1. Introduction

[Flow, Inc.] and its affiliates entities (collectively, “Flow”, “we”, “us”, or “ours”) are committed to protecting the private information of our employees, clients and business partners (collectively, “you” or “your”) and have adopted this policy (the “Policy”) to inform you of the steps that we intend to take to do so.

2. The Types of Information Collected

This Policy describes the types of information that we may collect from you or that you may provide when you visit, access, or use our website and related applications at our website at https://flowinc.app and related password protected portal (collectively, the “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. This Policy applies only to our Website and other websites or domains that post this Policy. Other privacy notices may apply to specific services offered through our Website, and we will make such notices available to you when you use the services to which they apply.

This Policy applies to information we collect:

  1. On our Website.
  2. In email, text, and other electronic messages between you and our Website, including through third-party services used by our Website to provide technical, customer, and sales support functions.
  3. Offline or through any other means, including on any other websites operated by Flow (including our affiliates and subsidiaries).

Please read this Policy carefully to understand our policies and practices regarding your private information and how we will use and protect it. By accessing or using our Website, you agree to these policies and practices. This Policy may change from time to time (see, Changes to Our Privacy Policy). Your continued use of this Website after we make such changes will be deemed to be your acceptance of those changes, so please check the policy periodically for updates.

3. Children Under the Age of 18

We do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected] (mailto:mailto:[email protected]).

4. Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website by which you may be contacted online or offline, including the following categories of information:

  1. Identifiers. Legal name, postal address, email address, telephone number, password, social security number, birthdate, marital status, tax identification number, bank account information, driver’s license number, passport number, or copies of ID cards or other forms of identification.
  2. Contact Information. Residence address, principal place of business address, email address, and telephone numbers.
  3. Financial/Transaction Information. Bank account information, payment, and/or billing details.
  4. Investment Information. Investment objectives, prior investment experience, prior investment activity and documentation, and service-related investment terms and information.
  5. Communications. Email or Website based communications and responses.
  6. Content. Any content which you provide to be posted or displayed (hereinafter, “posted”) on our Website, including but not limited to account profiles, preference settings, and other contributions.
  7. Personal information categories listed in the California Civ. Code Section 1798.0(e), including, name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, bank account number.
  8. Internet or other similar network activity. Internet protocol (IP) address, your login information, browser type and version, the equipment you use to access our Website, and usage details.

We collect this information:

  1. Directly from you when you provide it to us.
  2. Automatically as you navigate through our Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  3. From third parties, for example, our customers, business partners, and third-party services used by our Website to provide technical, customer, and sales support functions.

5. Information You Provide to Us

The information we collect on or through our Website may include:

  1. Information that you provide by filling in forms or posting materials on our Website. This includes information provided at the time of registering to use our Website, creating or updating account profiles, and posting documents and other materials. We may also ask you for information when you report a problem with our Website.
  2. Records and copies of your correspondence (including email addresses).
  3. Your responses to surveys that we might ask you to complete for research purposes.
  4. Information posts or transmissions to third parties are done at your own risk.

Additionally, we cannot control the actions of other users of our Website with whom you may choose to share access and cannot and do not guarantee that your posts or transmitted material will not be viewable by others.

6. Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  1. Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on our Website.
  2. Information about your computer and internet connection, including your IP address, operating system, browser type, and crash data.
  3. The information we collect automatically may include personal information. Such information helps us to improve our Website and to deliver better and more personalized services, including by enabling us to:
  1. Estimate our audience size and usage patterns.
  2. Store information about your preferences, allowing us to customize our Website according to your individual interests.
  3. Speed up your searches.
  4. Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  1. Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website.
  2. Web Beacons. Pages of the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Flow, for example, to count users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain content and verifying system and service integrity).
  3. Third Party Services. We may use third-party services such as Google Analytics and Mailgun to help understand your use of the Website.
  4. Google Analytics™. Our Website uses Google Analytics to help analyze how users use the site. Google Analytics is a web analytics service. Web analysis is the gathering, collection and analysis of data about the behavior of visitors to websites.
  5. You may set preferences by utilizing the Google Analytics Opt Out Browser but such preference may prevent you from accessing certain information or using certain services.
  6. Mailgun™. Our Website uses Mailgun as a provider of email services, which also provides a web beacon to analyze when users open or view email messages sent through the Website. Further information and Mailgun’s applicable privacy policies can be found here: (https://www.mailgun.com/privacy-policy/).
  7. Hotjar™. Our Website uses Hotjar to help analyze how users use the Site. Hotjar is a web analytics service. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices, including pages visited, actions which are taken, IP address, device screen size, device type, browser information, operating system, and geographic location (country only). Hotjar does not track your browsing habits across websites which do not use Hotjar services. Further information and Hotjar’s applicable privacy policy can be found here: (https://www.hotjar.com/legal/policies/privacy/).

We do not collect personal information automatically, but we may tie automatically collected information to personal information about you that we collect from other sources you provide to us.

7. How We Respond to Do Not Track Signals

We do not currently respond to Do Not Track signals that provide a method to opt out of the collection of information about users’ activities. If we do so in the future, we will update this privacy policy accordingly.

8. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present the Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your user and account registration.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, or between us and our customers.
  • To notify you about changes to the Website or any products or services we offer or provide through it, including important services-related notices, updates to our privacy policy and Terms of Use (https://flowinc.app/terms-of-use).
  • To allow you to participate in interactive features on the Website.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.
  • We will only retain your information for as long as necessary to fulfill our service obligations. To determine the appropriate retention period of your information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, and the applicable legal and regulatory requirements.
  • We will not sell any of your personal information to any third party for purposes of advertising, soliciting, or telemarketing.

9. Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect, or you provide as described in this privacy policy:

  • To Company employees in order to fulfill their duties.
  • To our subsidiaries and affiliates to fulfill their duties, including to help us develop, maintain and provide our services.
  • 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.
  • To our lawyers, accountants, bankers, auditors, insurers, and other professional advisers we use to provide legal, compliance, accounting, banking, insurance, and other similar services.
  • To customer’s authorized users and designated representatives of our customers who may be able to add, modify or restrict access. An example is a fund manager designee who adds third-party access to a user’s investment profile(s).
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Flow’s assets, whether as a going concern or as a part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Flow about the Website users is among the assets transferred. Any such buyer or successor will be required to comply with reasonable confidentiality restrictions with respect to personal information.
  • To, when you complete subscription related materials concerning any private fund concerning which material is available via the Website, the applicable fund manager/general partner/investment advisor and its service providers (which may be contracted via such applicable fund manager/general partner/investment advisor and/or via Flow).
  • To fulfill the purpose for which you provide it. For example, if you provide us a tax identification number, we will use it to create and distribute to you a schedule K-1 tax document.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of service and other agreements, including for enforcing contracts or policies, reporting on security breaches, or assisting with investigating and preventing fraud or security incidents.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Flow, our customers, or others.

10. Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.

11. California Consumer Privacy Act of 2018 (“CCPA”)

The CCPA applies to users of the Website that reside in the State of California. Flow collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably link, directly or indirectly, with a particular consumer or device. Categories of information collected include:

  • Identifiers.
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code Section 1798.0(e)).

In the preceding twelve (12) months, we have disclosed identifiers and personal information categories 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.

In the preceding twelve (12) months, we have not sold any personal information.

The CCPA provides California users with specific rights regarding their personal information including:

  • Access to Specific Information and Data Portability Rights. You have the right to request a statement about our collection of your personal information over the past twelve (12) months. Upon receipt of a verifiable user request, we will disclose to you the categories of personal information collected, our business or commercial purpose for collecting that information, any third-parties who we have disclosed such information if we sold or disclosed any personal information for a business or commercial purpose.
  • Deletion Request Rights. You have the right to request that we delete your personal information, subject to certain exceptions. Upon receipt of a verifiable user request, we will delete (and direct any third parties who we have disclosed such information to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retention of the information is required for us to complete the transaction for which we collected the personal information, detect, protect, and prosecute against illegal activity, debug and repair products, and comply with a legal obligation.

To exercise the rights specified above, please submit a verifiable user request to us by emailing us at [email protected] (mailto:mailto:[email protected]). Please provide sufficient information that allows us to reasonably verify you are the person from whom we collected personal information, and describe your request sufficiently for us to understand, evaluate, and respond to it. We cannot respond to the request if we are unable to verify your identity and confirm the personal information relates to you. We will respond to a verifiable user request within forty-five (45) days of receipt by mail or electronically, including any basis for denial of a request to delete. If we require additional time to respond (up to ninety (90) days), we will inform you of the reason and extension in writing to the email connected to your user account.

12. California’s Shine the Light law

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].

13. General Data Protection Regulation

Flow is the Controller/Processor for purposes of the General Data Protection Regulation (“GDPR”). If you are a resident of the European Union, you have the rights under this privacy policy and by law, to:

  • Access Your Personal Data. You have the right to obtain a copy of the information collected by us.
  • Rectification. You have the right to request the modification of your information, including the correction of errors and updating of incomplete information.
  • Erasure. You have the right to deletion or removal of your personal information from the Website or any other records in which it is stored when such information is no longer necessary in relation to the purpose it was collected. You also have the right to request deletion where you have exercised your right to object to processing.
  • Restrict Data Processing. You have the right to request that all processing of your information be stopped to (1) contest the accuracy of such information; (2) where such information processing is unlawful; (3) where the Controller/Processor no longer needs the information for processing, (4) or where you have exercised your right to object to processing.
  • Notification. You have the right to be notified about the uses of your personal information including any rectification, erasure, or restriction of processing.
  • Data Portability. You have the right to receive the personal information provided to us through automated means, in a structured, commonly used machine-readable format, or to have that information transmitted to another controller.
  • Objection. You have the right to object to the processing of your personal information where we are relying on legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to the processing of your information. You also have the right to object where personal information is processed for direct marketing purposes.
  • Reject Automated Individual Decision-Making. You have the right not to be subject to a decision based solely on automated processing, including profiling unless subject to the creation or performance of a contract or such processing is based on your explicit consent.
  • Withdraw Consent. You have the right to withdraw consent where we are relying on consent to process your information. If you withdraw consent, we may not be able to provide you with full access to the Website or services related to its functionalities. We will provide you with a notification at the time you withdraw consent.

You will not have to pay a fee to access your personal information or to exercise any of the rights. We may, however, charge a reasonable fee if your request is manifestly unfounded, repetitive or excessive, or we may refuse to act upon the request.

To exercise the rights specified above or submit a complaint, please submit a verifiable user request to us by emailing us at [email protected]. Please provide sufficient information that allows us to reasonably verify you are the person from whom we collected personal information, and describe your request sufficiently for us to understand, evaluate, and respond to it. We cannot respond to the request if we are unable to verify your identity and confirm the personal information relates to you. We will respond to a verifiable user request within thirty (30) days of receipt by mail or electronically, including any basis for denial of a request. If we require additional time to respond, we will inform you of the reason and extension in writing. If you have submitted a complaint and feel that it has not been adequately resolved, you have the right to contact your local data protection supervisory authority.

14. Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your user/investor account profile(s). You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account(s). 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 user account(s) from the Website, copies of your account information may remain viewable in cached and archived pages, in archived pages related to fund investments, or that might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including user or third-party posting, is governed by our Terms of Use.

15. Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The use of, and access to, your personal information by us is restricted to employees and third parties who need to know that information to provide services to you. All information you provide to us is stored on our secure servers behind firewalls. Personal information will be encrypted using industry-standard encryption mechanisms.

The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Flow uses the realistic password strength estimation (https://dropbox.tech/security/zxcvbn-realistic-password-strength-estimation) to confirm the complexity of user passwords.

As part of your user account, you may authorize any number of users to view your information with both the right to invite and revoke these permissions at any time. Customers are encouraged to secure their profiles via two- factor authentication. To learn more about two-factor authentication, click here.

16. Changes to Our Privacy Policy

It is our practice to post any changes we make to this policy with a notice on the date it was last revised identified at the top. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address connected with your user account and/or through a notice on the Website home page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website and this privacy policy to check for any changes.

17. Contact Information

To ask questions, submit a complaint, or exercise any of the rights described in this privacy policy, contact us at:

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