FlexCold, LLC, including its affiliates (”FlexCold”, “Company”, “we”, “us”, or “our”) is committed to maintaining robust privacy protections for you, whether personally or on behalf of an entity (“you” or “user”).
Children under the age of 13 are not eligible to use the Sites, and we ask that they do not submit any Personal Information to us.
I. INFORMATION WE COLLECT
Information We Collect Automatically
We collect certain information about you automatically when you use our Sites. This information may include: the name of the domain and host from which you access the Internet; the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access the Sites; the Internet address of the website from which you linked directly to the Sites; and information about your usage of the Sites, including the pages of the Sites you visit and the content you have viewed.
We collect some of this information through cookies and other similar technologies. In some cases, these cookies are set by third parties that may collect information about you and your online activities over time and across different websites when you use our Sites.
Information you choose to provide us
In addition to the information we collect automatically when you visit the Sites, we also collect Personal Information you choose to provide to us, such as through contact forms, or when you register to participate in an event or access resources that we provide through the Sites. This information may include your name, phone number, email address, and other Personal Information you choose to submit as part of your inquiry.
We may also collect Personal Information, including professional or employment-related information and education information, that you submit when you apply for a job with us through the Sites. This information may include your name, email address, phone number, educational and employment background, your resume, your expected salary, and any other information you choose to submit as part of your application.
The Company’s intention is not to seek any sensitive information through our Sites unless legally required for recruiting purposes. Sensitive information includes types of data relating to race or ethnic origin; political opinions; religious or other similar beliefs; trade union membership; physical or mental health; sexual life or criminal record. We suggest you do not provide sensitive information of this nature.
Information we obtain from third-party sources
We may also receive your Personal Information from third parties sources, which may include services that make user-generated content from their service available to others, such as local business reviews or public social media posts; and service providers that we engage to provide services to us.
In addition, if you choose to interact with us or our partners on social media by posting to our pages, tagging us (or using certain hashtags or other identifiers) in posts, or participating in activities, we may collect certain information from the social media account you use to interact with us, including the name associated with the account, the account handle, recent activity, the content of any posts in which we are tagged, and other information that may be contained on your social media profile to allow us to respond to the posts and understand and engage with our audience.
II. HOW WE USE AND SHARE INFORMATION
We may use your Personal Information:
• to provide our services to our customers;
• to respond to your inquiries and provide you with the information you have requested;
• to provide you with information regarding products, services, that may suit your particular interests, or that we otherwise think you may be interested in, including by sending you marketing communications by email and through targeted advertising;
• to undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets;
• to solicit feedback and provide technical support;
• to help us improve the Sites and personalize and customize the user experience;
• to protect the security of the Sites and other users;
• to track trends and analyze use patterns on the Sites; and
• for our recruitment and hiring purposes, including evaluating and processing your employment application.
We may also use your Personal Information to create aggregated or anonymous information that does not identify you and use and disclose that information for any lawful purpose at our discretion.
III. HOW WE SHARE YOUR INFORMATION
We also contract with a third party to maintain and host the Sites. Therefore, any information you submit, including Personal Information, will be placed and stored on a computer server maintained by this third-party host. The third-party has agreed to implement technology and security features and strict policy guidelines to safeguard the privacy of your Personal Information from unauthorized access or improper use.
IV. HOW WE PROTECT INFORMATION
We implement security measures designed to protect your information from unauthorized access. However, these measures do not guarantee that your information will not be accessed, disclosed, altered, or destroyed by a breach of those security measures. By using the Sites, you acknowledge that you understand and agree to assume these risks.
V. YOUR CHOICES REGARDING YOUR PERSONAL INFORMATION
As a user, you can also request access to Personal Information obtained and collected by the Sites. Furthermore, you can request that your Personal Information be corrected. If you believe that any of your Personal Information is incorrect or has been changed since we collected it, please click here www.flexcold.com/contactus, explain the correction or change and provide any relevant confirmation or reference number.
The Sites do not currently respond to browser “do not track” signals, but you may control some of the information we collect automatically through cookies.
V. LINKS TO OTHER WEBSITES
VII. CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you may have additional privacy rights. For a complete discussion of such rights, please see our California Rights and Disclosures.
VIII. CUSTOMERS OR USERS OUTSIDE OF THE UNITED STATES
If you are a resident of a jurisdiction located outside of the United States, please see our European Economic Area and other Non-U.S. Jurisdictions Disclosures.
IX. CONTACT US
FlexCold, LLC Terms, and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
FlexCold, LLC (the “Company”) owns and operates https://www.flexcold.com (the “Website”). By using the Website, you signify your assent to these Terms and Conditions of Use. If you do not agree to all of these Terms and Conditions of Use, do not use the Website. The Company may revise and update these Terms and Conditions of Use at any time. Please continue to review these Terms and Conditions of Use periodically. Your continued usage will mean you accept any revisions to the Terms and Conditions of Use.
1. Use of Content.
a. The Website contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound. The Website is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The Company and third-party content providers also own (or have the right to use) copyrights in the content original to them. Any use of the Content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark, and other laws. Content and features, including without limitation product pricing and availability, are subject to change or termination without notice at the sole discretion of the Company. Content may contain technical inaccuracies or typographical errors. All rights not expressly granted herein are reserved to the Company and its licensors.
b. Copyrighted material may be viewed and downloaded but not sold or modified or otherwise hosted on any other website without the express and written permission of FlexCold.
c. If you violate any of these Terms and Conditions of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
2. Use of the Website.
a. In your use of the Website, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to (a) use the Website for any purpose in violation of local, state, national, or international laws, (b) insert your own or a third party’s advertising, branding, or other promotional content into any of the Content or use, redistribute, republish, or exploit the Content for any further commercial or promotional purposes, (c) infringe or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity, or contractual rights, (d) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website, (e) interfere with, interrupt, damage, disable, overburden, or impair the Website, the Content, or the services made available on or through the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or electronic mail address information or similar methods or technology, (f) attempt to gain unauthorized access to other computer systems through the Website, or (g) assist any third party in doing any of the foregoing.
b. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
3. The Company Accounts.
a. In order to access some features of the Website, you may have to register for one or more Company accounts. When registering, you must provide accurate and complete information. You may never use another’s account without permission. It is your sole responsibility to (1) control the dissemination and use of passwords; (2) authorize, monitor, and control access to and use of your Company account and password; (3) promptly inform the Company of any need to deactivate a password. You grant the Company and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Company tools and services. You must notify the Company immediately of any breach of security or unauthorized use of your account.
b. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.
a. The use of the Website and the Content is at your own risk.
b. When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of the Company and its suppliers. Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website.
c. The Website and the Content are provided on an “as is” basis. THE COMPANY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, the Company, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Website.
d. IN NO EVENT SHALL THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. TEN DOLLARS ($10.00). THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE OR CONTENT. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS OF USE.
6. Rights Reserved. The Company reserves the right to refuse service, terminate your account or your access to the Website or any of the Website’s services or features, and/or cancel orders in its sole discretion, including, without limitation, if the Company believes that customer conduct violates applicable law or is harmful to the interests of The Company.
7. Links to Other Websites. THE COMPANY MAY PROVIDE LINKS TO THIRD-PARTY WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED THIRD-PARTY WEBSITES AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING THEIR CONTENT OR ACCURACY. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES. THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY LIABILITIES THAT YOU MAY INCUR WITH ANY OF THESE THIRD-PARTY WEBSITES OR VENDORS. PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS APPLICABLE TO YOUR PURCHASE OF GOODS FROM A THIRD PARTY.
8. Product Orders. The Company is constantly improving its information, products, and services. Consequently, the Company cannot and does not guarantee the accuracy or completeness of the information, including prices, specifications, availability, and services, on the Website. Any pricing information displayed on the website is subject to change at any time.
9. Online Payments.
a. To the extent you utilize the Company’s online payment services, you acknowledge that there cannot be a guarantee that communications or payment transactions conducted online will be absolutely secure. You further acknowledge that there may be system failure that may limit your ability to use the online payment services. You agree to assume all risk and liability arising from your use of the Company’s online payment services, including the risk of a breach in the security of the communications or transactions you conduct with the Company online. THE COMPANY’S ONLINE PAYMENT SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
b. You are solely responsible for maintaining the confidentiality of your password, if any, and agree that the Company will have no obligations with regard thereto. You agree not to give your password to anyone. If you believe your password has been lost or stolen or someone has gained access to your password without your permission, contact us immediately. If you use a third-party vendor (or distributor) to submit payment to Company and you disclose to such vendor your username, password, and/or account number, the Company will not be responsible for the accuracy and timeliness of processing your payment.
d. By accepting these terms and conditions, you acknowledge that the Company may initiate an ACH debit or credit card debt to the payment account(s) that you have provided.
10. Indemnity. You agree to defend, indemnify, and hold the Company, its officers, managers, members, employees, agents, licensors, advisors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees resulting from or alleged to result from: (i) your use of and access to the Website; or (ii) your violation of any term of these Terms and Conditions of Use. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Website.
a. The Company is based in South Carolina in the United States of America with principal offices in Charleston, SC. The Company makes no claims that the Website and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
b. The following provisions survive the expiration or termination of these Terms and Conditions of Use for any reason whatsoever: Liability, User Submissions, Rights Reserved, Indemnity, Jurisdiction, and Complete Agreement.
a. You expressly agree that exclusive jurisdiction for any dispute with the Company, or in any way relating to your use of the Website, resides in the courts of Charleston County, South Carolina, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
b. These Terms and Conditions of Use are governed by the internal substantive laws of the State of South Carolina, without respect to its conflict of laws principles. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
13. Complete Agreement.
14. Arbitration And Class Action Waiver.
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE BREACH, TERMINATION, OR VALIDITY THEREOF, SHALL BE FINALLY RESOLVED BY ARBITRATION. THE TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT TO ARBITRATE DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THE ARBITRATION AGREEMENT WILL REMAIN IN FORCE.
WITHOUT LIMITING THE FOREGOING, THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
Thank you for your cooperation. Questions or comments regarding the Website should be submitted here.
FlexCold, LLC Legal Terms
The FlexCold logo and tagline are trademarks of FlexCold, LLC.
FlexCold, LLC California Rights and Disclosures Notice
Non-U.S. Jurisdictions Rights and Disclosures
FlexCold, LLC, including its affiliates (”FlexCold”, “we”, “us”, or “our”) is committed to maintaining robust privacy protections for you, whether personally or on behalf of an entity (“you”, “customer”, or “user”, or “your”).
For purposes hereof, “Site” refers to our website, blogs, social media accounts, or apps in which FlexCold’s service can be accessed in which users can view the website and subscribe to and use our software, products, and services (“Service,” collectively the “Services”).
I. ADDITIONAL INFORMATION FOR USERS FROM THE EUROPEAN ECONOMIC AREA
We only process your Personal Information where we can rely on legal grounds to do so. We process your Personal Information for the performance of our Services, to provide or support of our products, or for any other feature, you request or enable. This includes, for example, using your Personal Information to administer your account, provide contests or promotions in which you have enrolled; support purchases you make, support application functionality, provide global customer service, or provide a fair application user experience by using anti-fraud technologies such as bans or blocks of accounts.
We may ask for your consent to collect or use your Personal Information for specific purposes. This includes, for example, providing newsletters, direct e-mails, and surveys about our products and/or Services as well as certain other marketing features.
We rely on several legitimate interests in using and sharing your Personal Information. These interests include: to provide you with requested customer service or technical support, to debug and improve our current and future Services, in order to give you exclusive content, personalize your online experience with us and contact you in accordance with applicable marketing preferences, exploring ways to develop and grow our operations, ensuring the safety and security of our Services, and for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity.
We process your Personal Information for compliance with a legal obligation to which we are subject.
You may object to the processing of your Personal Information based on a legitimate interest on grounds relating to your situation. You may control the extent to which we market to you and you have the right to request that we stop sending you marketing messages at any time using the contract information listed above.
In certain circumstances, you can request that we transfer Personal Information that you have provided to us. You can send your request to us as set forth in the Contact Us section below.
Where we rely on your consent in order to process your Personal Information, you have the right to withdraw such consent to further use of your Personal Information at any time.
II. DISCLOSURES TO USERS OUTSIDE THE UNITED STATES AND THE EUROPEAN ECONOMIC AREA (EEA)
If you are a visitor to the Site or other online products and services from outside the United States, the Personal Information you provide will be collected, processed, and stored directly on, or transferred to, servers in the United States or other countries that may not have equivalent data protection laws to the country where you reside.
When we transfer your Personal Information outside the EEA we rely on appropriate or suitable safeguards recognized under applicable data protection laws. For example, when we transfer Personal Information collected in the EU to locations outside the EEA, we rely on transfer mechanism adopted by the European Commission to help establish adequate safeguards, like Standard Contractual Clauses or consent of the individual to transfer Personal Information from the EEA to non-EEA countries. By using our Services, you expressly consent to such collection, transfer, and processing. We may also need to transfer your Personal Information to provide the Services to you in accordance with our existing agreements to you.
III. EEA-SPECIFIC RIGHTS
If you are located in the EU, upon request, we will provide you with information about whether we hold any of your Personal Information along with any details required to be provided to you under applicable law. In certain cases, you may also have a right to:
• rectify any of your Personal Information that is inaccurate;
• restrict or limit the ways in which we use your Personal Information;
• object to the processing of your Personal Information;
• request the deletion of your Personal Information, and
• obtain a copy of your Personal Information in an easily accessible format.
To submit a request, please contact us as set forth in the Contact Us section below. We will respond to your request within a reasonable time.
If you have any complaints regarding our privacy practices, we ask that you reach out to us as set forth in the Contact Us section below. You also have the right to submit a complaint with your national data protection authority (i.e., supervisory authority).
IV. CONTACT INFORMATION