1.2. “Data” means the Personal Data and/or Special Categories of Personal Data that Flock obtains when it (a) collects such information from the Customer and/or End User when they use Flock SAAS, or (b) collects such information automatically when the Customer and/or End User use Flock SAAS;
1.4. “End User Account” means a Flock account established by the Customer through Flock SAAS for an End User.
1.5. “EU Resident” refers to the individual of the European Union who is governed by the provisions of GDPR (defined below);
1.7. “Personal Data” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, can identify such person;
1.8. “Special Categories of Personal Data” shall have the meaning ascribed to it under GDPR (defined below);
2. Data that we collect
2.1. The Data we collect from you includes but is not limited to the following:
(a) Name and contact data: This can include your first name, last name, email address, postal address, phone number or any other similar data;
(b) Credentials: Passwords, password hints, and similar security information used for authentication;Demographic data: Data about your age, country, gender;
(c) Demographic data: Data about your age, country, gender;
(d) Subscription and license data: Data about any subscription, plan or other features that you have selected related to Flock SAAS;
(e) Content: Content of any files and communications you input, upload, receive, create and control. For example, if you transmit an email using our mail service, we need to collect the content of that email to display it to both you and the recipient of such email;
(f) Data automatically collected: During your usage of Flock SAAS, Flock will be collecting the following Data automatically:
(i)Data about your device, including information about your device’s hardware and software, error reports, and troubleshooting and help data;
(ii) Location data: We collect the details of your device’s location using any Global Navigation Satellite System (for example, GPS) or using any other technology that will enable us to collect your location;
(iii) Voice Data: Any voice or audio you speak whilst using Flock SAAS;
(iv) Video Data: Any video you transmit whilst using Flock SAAS;
(g) Feedback and Rating: the information you provide to us and the content of messages or emails you send us, such as feedback, survey data and Flock SAAS reviews.
3. Your Billing Information
4. Legal basis for processing Data under the GDPR for EU Residents
4.1. Flock processes information of EU Residents in accordance with Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (“GDPR”). The GDPR governs how Flock may process your information, and the rights that EU Residents have in relation to your Data.
5. Retention of Data
6. Rights in Respect to your Data
6.1. You may export a copy of your Data or delete your Data from Flock SAAS if you want to back it up or use it with a service not provided by Flock. However, we may retain a copy of your Data on our servers for legitimate business purposes or if it is required under applicable law.
6.2. Subject to the provisions of applicable law, you are entitled to the following rights:
(a) Request access to Personal Data: Unless prohibited by applicable law, you are entitled to know whether we have any Personal Data about you, and if we do, you can request to obtain a copy of the same;
Request for rectification of Personal Data: You can ask us to rectify any inaccurate or incomplete Data;
(c) Object to the processing of Data: you can request us to stop processing any of your Data;
(d) Erase all Data: you can request us for the deletion of all Data. If Flock receives such a request from the End User, the same will be forwarded to the Customer for prior approval.
7. Sharing/ transferring your Data
7.2. Notwithstanding specific conditions under GDPR for sharing Data of EU Residents, Flock may share your Data in various situations including but not limited to the following conditions:
(i) After Flock has obtained your consent for the same. Flock will deem to have received your consent upon your Acceptance Confirmation; or
(ii) When we believe in good faith that disclosure is necessary to protect our rights or property; or
(iii) To protect your rights and safety; or
(iv) To investigate fraud or respond to a government, judicial or other legal requests; or
(v) To comply with any applicable law; or
(vi) In the event Flock merges or is acquired by another company.
7.3. Cross border transfer of EU Resident Data: In the event we transfer any EU Resident Data to a third party service provider located outside the EU and/or is not subject to the jurisdiction of the EU Commission, we will ensure that such third party service providers have appropriate safeguards for your information by way of entering into a binding agreement that provides for the same.
8. Data Protection Measures
8.1. We maintain organizational, physical and technical security arrangements for all Data we hold. We adopt market leading security measures to protect your Data.
8.2. Regarding use of Flock SAAS, you should understand that the open nature of the internet is such that information and Data flows over networks connecting user to our systems without security measures and may be accessed and used by people other than those for whom the data is intended.
9. How you can opt out of Marketing Communications and other non-essential communications
If you wish to opt out of receiving non-essential (promotional, marketing-related) communications from us, after setting up an account, they may choose to do so by making such preference changes within the application.
10. Cookies and data analytics
10.2. We may use third party cookies to track visitor behaviour and to improve the quality of Flock SAAS. However, such cookies will not store any kind of Data, nor will such information be disclosed to any third party.
10.3. These cookies are intended to be automatically cleared or deleted when you stop using Flock SAAS. Users have a variety of tools to control cookies, web beacons and similar technologies, including browser controls to block and delete cookies and controls from some third-party analytics service providers to opt out of data collection through web beacons and similar technologies. Users browser and other choices may impact experiences with our products.
10.4. The information we collect with cookies is not sold, rented, or shared with any third parties, other than for internal development and maintenance of the Flock SAAS.
10.5. Notwithstanding anything mentioned in Clause 10.1 to 10.4 above, Flock will routinely analyse your Data to help improve the way we run our business and Flock SAAS. We use your Data for data analytics, particularly to understand how our services are used, but this information is not personal information as it is.
11. How will Flock use your data
11.1 We use this information to:
(i) Provide you with Flock SAAS and to maintain, manage and improve Flock SAAS;
(ii) Send you notifications and communicate with you;
(iii) Provide you with customer support including technical support and troubleshooting;
(iv) Protect you and conduct security investigations and fraud and abuse analysis;
(v) Comply with our legal obligations, for example when assisting governments and law enforcement agencies or regulators (as may be required by law);
(vi) Improve the safety and reliability of Flock SAAS. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm Flock SAAS, you, our users, or the general public.
12. Third party links
12.1. Flock SAAS may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Flock SAAS. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
12.2. Flock SAAS does not intend the Linked Sites to be referrals to, endorsements of, or affiliation with the linked entities.
13. Push Notifications
13.1. If you have enabled notifications on Flock SAAS on either your desktop or mobile, we will push notifications through a push notification provider such as Apple Push Notification Service, Google Cloud Messaging or Windows Push Notification Services. You can manage your push notification preferences or deactivate these notifications by turning off notifications in the application or device settings.
14. Governing Law and Dispute Resolution
14.1. This Agreement shall be governed by the laws of Singapore.
14.3. The tribunal will consist of 1(One) arbitrator who will be appointed by the parties mutually. If the parties are unable to appoint an arbitrator mutually, the arbitrator shall be appointed by SIAC as per the provisions of the SIAC Rules.
14.4. The seat of the arbitration will be Singapore and the language of the arbitration shall be English.
14.5. Each party shall bear their own costs and expenses incurred in connection with the arbitration proceedings, unless otherwise awarded by the arbitrator in the arbitral award.
14.6. Nothing herein shall preclude either party from seeking interim or permanent equitable or injunctive relief, or both, from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any remedy for monetary damages through the arbitration described in this Clause 14.
14.7. Subject to Clause 14.2 above, Courts in Singapore shall have exclusive jurisdiction upon all matters arising out of this Agreement.
15. Grievance Desk
15.1 If you have any questions about the terms of this Agreement or do not understand any of the provisions, you can contact our grievance desk at firstname.lastname@example.org.