Privacy Policy

This Privacy Policy describes how Fluently Inc. (“Fluently”) collects, uses, discloses, transfers, stores, retains or otherwise processes Your personal information and data when You apply or sign up for an account with Fluently and other services through Fluently’s website or applications (collectively, the “Fluently Services”). References to “You” or “Your” shall mean the individual users of the Fluently Services depending on the context in which those terms are used.

This Privacy Policy applies to information collected in connection with Your access to and use of the Fluently Services. Please read this document carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personal Information. For purposes of this Privacy Policy, “Personal Information” means any information from or about a person that either identifies that person directly or that makes that person identifiable when it is combined with other information from or about that person from any source. You should also read the Privacy Policy of Your ancillary online meeting solutions to ensure You agree with its practices. By continuing to use our Fluently Services, You consent to the practices described in this Privacy Policy.

Information Fluently Collects

Fluently requests different types of Personal Information from You or others, depending on the Fluently Services You use. Fluently may collect the following categories of information, depending on the Fluently Services that You use:

“Registration Data”: When you log into Fluently Services using your email account, we will ask permission to access basic information from that account, such as your name and email address. You can stop sharing that information with us at any time by removing Fluently’s access to that account. We may also collect other direct identifiers when You register with Fluently, such as your phone number, usernames and passwords, IP address of Your work station, and other information that enables us to contact You.

Professional and Employment-Related Information: This includes Your company name, Your title, role, team, and other information about Your profession.

Calendar Information: If You choose to connect Your calendar (e.g., Google Calendar or Microsoft Outlook), Fluently collects calendar event metadata — such as event date and time, event title, participant list, and video-conferencing links — solely to identify Your upcoming online meetings and display them within the app. Fluently does not access the contents of Your emails.

Billing Information: When you purchase any Fluently Services, we will collect your payment card information and billing address. We will use this information for payment authentication and processing for your future transactions. Fluently does not store credit card information.

Voice and Video Recordings: Using Fluently Services involves processing audio and video recordings from meetings to analyze and provide English proficiency feedback. For seamless service across devices, Fluently may retain certain information. Fluently does not retain audio and video of any other individual in the recorded meeting.

Automatically Collected Information: Certain data about the devices you use to connect with Fluently Services and your use of the website, software, and/or Services are automatically logged in our systems. This includes:

• Device Identifiers, such as IP address for bug reporting and data analytic purposes.

• Log and Usage Data: our servers automatically collect usage and performance data when you access or use Fluently Services and which we record in log files. Log data may include IP address, browser type and settings, date and time of use, information about browser configuration, language preferences, and cookie data. Usage data includes information about Your online activity including information collected through the use of standard internet technologies, such as cookies, logs, and other internet technologies, as further set forth in our Do We Use Cookies section; and

• Information Collected from Third-Party Vendors. We may use third-party vendors, including Google, to serve ads to you when you access Fluently Services. Third-party vendors use cookies to serve ads based on your prior visits to Fluently sites or to other websites as further set forth in our Do we Use Cookies section;

• Information Collected from Third-Party Integrations. If you choose to connect Fluently Services to a third-party online communication platform (e.g Zoom, Teams, Slack, Google Meet, Microsoft Calendar, etc.), such third parties may allow us to have access to and store information about your interaction with those services as it relates to your use of our Fluently Services.

Anonymous, Aggregated, and Other Information Collected: In addition, Fluently collects and/or generates anonymized and aggregated information from Your use of the Fluently Services to better understand and optimize our Fluently Services. Fluently may use anonymized and aggregated information in various ways, including to measure Your interest in and use of portions or features of the Fluently Services. Anonymized or aggregated information may not identify You as an individual, thus is not Personal Information as defined in this Privacy Policy.

Google API Services User Data and Limited Use

Fluently uses Google APIs solely to enable sign-in and to access Your Google Calendar event data in order to display Your upcoming meetings within the app. Fluently's use and transfer of information received from Google APIs to any other app will adhere to the Google API Services User Data Policy, including the Limited Use requirements. We do not use Google Calendar data to train any AI or machine-learning models, and we do not transfer it to third parties except as necessary to provide these features, for security, or to comply with law.

How Fluently Collects Your Data

Fluently collects information and processes data from the following sources:

• When You register online to use our Fluently Services and during Your use of our Fluently Services when you enable the Fluently Services.

• When You voluntarily complete a customer survey or provide feedback on any of our Fluently Services via email or third party services.

• Via Your browser's cookies when You use or access our website.

• Google and other third-party analytics (website and app usage analytics only; this does not include data obtained through Google APIs, such as Google Calendar data)

Use of Confirmation Collected

Fluently collects Your data for the following purposes:

Fluently: Fluently may share Your Personal Information among Fluently representatives depending on where You are located and the Fluently Services that You use. Fluently representatives may include our subsidiaries and affiliates; or a subsequent owner, co-owner or operator of the website and/or software and their advisors; or in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our stock and/or assets, or in connection with bankruptcy proceedings, or other corporate reorganization, in accordance with this Privacy Policy.

Service Providers: Fluently may rely on third-party service providers to perform a variety of services on our behalf, such as our web hosting and data storage service providers, payment processors and marketing service providers. Fluently take steps to ensure that these service providers act only in line with our instructions and only use Personal Information as described in this Privacy Policy and data protection agreements with equivalent protections for Your Personal Information.

Research / Survey Solicitations: Your participation is voluntary, and Fluently will use the information that Fluently collects for research and reporting purposes, and to help us to improve the quality of our Fluently Services. Fluently use the survey responses to determine the effectiveness of our Fluently Services, including the quality of our communications. If You participate in a survey, Your responses will be used along with other participants’ responses.

Analytics Providers/Advertisers: We may share information with analytics providers and advertisers to assist us in implementing and evaluating relevant advertising. Typically, this information is collected from you through cookies and other tracking technologies on our Fluently Services.

Other Parties When Required by Law: There may be instances when Fluently disclose Your Personal Information to other parties:

• to comply with our legal obligations, including with auditors, lawyers, CPAs, financial consultants, or other consultants;

• to comply with the law or respond to legal process or a request for cooperation by a government entity or law enforcement;

• to detect, limit, and prevent fraud, or verify and enforce compliance with the policies governing our Fluently Services; or

• Contact You about our Fluently Services, for example, to provide you with notices about to protect our rights, company property, and safety of other company employees; and

• where otherwise required by law.

Access to Video and Audio Recordings

Generally, Fluently does not monitor or view your recordings stored in or transferred through our Fluently Services, except where we believe the Terms of Service have been violated and confirmation is required; if we need to do so to respond to your requests for support; if we otherwise determine that we have an obligation to access Your recordings. Finally, Your recordings may be accessed by us where we deem it is necessary to protect the rights, property, or personal safety of Fluently and its users, or to comply with our legal obligations, such as responding to warrants, court orders, or other legal processes.

Sharing of Personal Information

Fluently discloses Your Personal Information in limited circumstances to Fluently’s affiliates, our service providers, in order to provide our Fluently Services and to improve your online meeting presence. Where required by applicable law, Fluently will only share Your Personal Information for this very limited purpose.

• Provide You with Fluently Services, for example, to set up and maintain your account, to process payments and orders, to verify user information,including to recording and providing analysis of Your audio and video presence during online video meetings;

• Respond to or fulfill customer service requests;

• Analyze, better tailor, and improve our Fluently Services;

• Contact You about our Fluently Services, for example, to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc., and otherwise to communicate with You;

• Contact You about our Fluently Services, for example, to provide you with notices about Marketing and advertising our Fluently Services and for other marketing, advertising, and promotional purposes, such as to contact you about products or services we think may interest you; and

• Comply with our legal obligations and enforce our legal rights, such as, among other things, to exercise contractual rights, to comply with financial reporting obligations, court orders, warrants, or subpoenas in accordance with applicable law.

  
  
  

Model Training and Dataset Creation

We may use your voice recordings, transcripts, and related data to develop, train, and improve our products and machine learning models, including our own self-hosted (first-party) speech-recognition and pronunciation models as well as models provided by third-party AI services. We may also create de-identified and aggregated data from this information. Once de-identified, such data is no longer Personal Information, and we may use, retain, license, or sell it for any business purpose. You can control whether your recordings are used for these purposes in your settings.

Sharing Your Personal Data Internationally

Since Fluently is a company with a principal place of business in the United States, any Personal Information that we collect in and through the Fluently Services for the purposes outlined above may be transferred to, stored on servers in, and accessed from the United States and countries other than the country in which the Personal Information was initially collected. Laws in these countries may differ from the laws applicable to your country of residence. By using the Fluently Services you agree to your Personal Information being transferred outside your original territory and subject to the terms in this Privacy Policy.

How Fluently Stores Your Data and Security

The security of all Personal Information provided to Fluently is important to us. Fluently uses commercially reasonable physical, electronic, and procedural safeguards designed to protect Your Personal Information against unauthorized or unlawful processing and accidental loss, destruction, or damage. Fluently regularly conducts security reviews, vulnerability scans, and/or penetration tests to ensure compliance with industry security practices and standards. Unfortunately, no data transmission over the internet or storage of information can be guaranteed to be 100% secure. As a result, while Fluently strives to protect Your Personal Information, Fluently cannot ensure or warrant the security of any information that You transmit to Fluently, and You do so at Your own risk. As such, Fluently asks that You help us be safer together by implementing Your own security controls, such as a strong password, not sharing Your credentials with others, logging out when You are done using our Fluently Services, and other security best practices.

Fluently will keep Your Personal Information in compliance with its data retention policy or until You request to delete it. Once this time period has expired, Fluently will delete all related data, including Your audio and video recordings from online meetings.

• Provide You with Fluently Services, for example, to set up and maintain your account, to process payments and orders, to verify user information, including to recording and providing analysis of Your audio and video presence during online video meetings;

• Respond to or fulfill customer service requests;

• Analyze, better tailor, and improve our Fluently Services;

• Contact You about our Fluently Services, for example, to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc., and otherwise to communicate with You;

• Contact You about our Fluently Services, for example, to provide you with notices about Marketing and advertising our Fluently Services and for other marketing, advertising, and promotional purposes, such as to contact you about products or services we think may interest you; and

• Comply with our legal obligations and enforce our legal rights, such as, among other things, to exercise contractual rights, to comply with financial reporting obligations, court orders, warrants, or subpoenas in accordance with applicable law.
  
  
  

Do We Use Cookies

When You interact with our Fluently Services, we obtain certain information using automated technologies, such as cookies, web server logs, web beacons, and other technologies. These technologies help us to:

• Remember your information so you do not have to re-enter it;

• Track and understand how you use and interact with our online services and emails;

• Tailor our online services to your preferences;

• Measure how useful and effective our services and communications are to you; and

• Otherwise manage and enhance our products and services.

  
  

Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service. There are two types of cookies: session and persistent cookies.

Session Cookies. Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Services. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.

Persistent Cookies. Persistent cookies remain on your device after you have closed your browser or turned off your device. We use persistent cookies to track aggregate and statistical information about user activity.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Posed Services who disable cookies will be able to browse certain areas of the Site, but some features may not function.

Clear GIFs, Pixel Tags and Other Technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web and app pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Services to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third-party service providers may also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site. We also may use other analytic means to evaluate our Site. We use these tools to help us improve the performance of our Site and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent your data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Do-Not-Track Signals. Please note that our Site does not recognize or respond to any signal which your browser might transmit through the so-called “Do Not Track” feature your browser might have. If you wish to disable cookies on our Site, you should not rely on any “Do Not Track” feature your browser might have. For more information about do-not-track signals, please click here.

Users may opt out of many ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising. Please be advised that opting out of ad networks will opt you out from certain companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Additional information is available on the DAA’s websites at www.aboutads.info and https://youradchoices.com/appchoices.

Your Data Protection Rights
Fluently would like to make sure You are fully aware of all of Your data protection rights. You have the right to request a copy of your information, to object to our use of your Personal information (including for marketing purposes), where applicable, to correct your Personal Information, to request the deletion, or depending on where you are located, you may have certain additional rights in connection with your Personal Information that we obtain. These rights vary depending on your jurisdiction. To learn more about your rights, see:

• GDPR Notice if you are located in the EEA or United Kingdom.

• CCPA Notice for California residents.

If You would like to exercise any of these rights, please contact us via chat app.getfluently.app/support

PRIVACY POLICIES OF OTHER WEBSITES
If links to other Websites are contained in the Fluently Services, this Privacy Policy applies only to our Fluently Services. If You click on a link to another website or use 3rd Party video conferencing applications, You should read their privacy policy.

CHANGES TO OUR PRIVACY POLICY
Fluently keeps its privacy policy under regular review and places any updates on this Fluently web page.

HOW TO CONTACT US
If You have any questions about the Fluently Privacy Policy, the data Fluently holds on You, or You would like to exercise one of Your data protection rights, please do not hesitate to contact us.

• Contact us via chat: app.getfluently.app/support

• Call us: +1 (628) 200-4207

GDPR NOTICE FOR RESIDENTS IN THE EEA OR UK

Legal Bases for Processing. If you are an EEA or UK resident, Fluently processes your personal information on the following legal bases under the General Data Protection Regulation (“GDPR“):

• where we have your consent;

• where use of your personal information is necessary to perform our obligation under a contract with you;

• where use of your personal information is necessary for our legitimate interests or the legitimate interest of others; and

• where use of your personal information is necessary to comply with a legal obligation.

Your Privacy Rights. You are entitled to certain legal rights in relation to your Personal Information, in particular:

• Right to Access: you have the right to request access to any of your Personal Information that we hold, and to obtain information about the processing of that data.

• Right to Correct: we will take steps in accordance with applicable legislation to keep your personal information accurate, complete and up-to-date. You are entitled to have any inadequate, incomplete or incorrect personal information rectified.

• Right to Erasure: you are entitled to have your personal information erased under specific circumstances, such as where you have withdrawn your consent, where you object to processing based on legitimate interests and we have no overriding legitimate grounds (see below) or where personal information is unlawfully processed.

• Data Portability: where we are relying (as the legal basis for processing) upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the personal information is processed by automated means, you have the right to receive all such personal information which you have provided us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.

  
  

Right to Restriction of Processing: you have the right to restrict our processing of your personal information (that is, allow only its storage) where:

• you contest the accuracy of the personal information, until we have taken sufficient steps to correct or verify its accuracy;

• where the processing is unlawful but you do not want us to erase the personal information;

• where we no longer need your personal information for the purposes of the processing, but you require such personal information for the establishment, exercise or defense of legal claims; or

• where you have objected to processing justified on legitimate interest grounds (see below), pending verification as to whether we have compelling legitimate grounds to continue processing.

  
  

Where your personal information is subject to restriction, we will only process it with your consent or for the establishment, exercise or defense of legal claims.

Right to Object to Processing (including profiling): you can object to our processing of your personal information based on our legitimate interests. We will no longer process your personal information unless we can demonstrate an overriding legitimate purpose.

• Right To Object To Direct Marketing (including profiling): you have the right to object to our use of your personal information (including profiling) for direct marketing purposes, such as when we use your personal information to invite you to our promotional events.

Right to Withdraw Consent: in the event your personal information is processed on the basis of your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

• You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal information infringes applicable law.

International Transfer of Your Personal Information. If your personal information is transferred outside the EEA or UK (whether within the Fluently group or to third parties as described above), we will take steps to ensure that your Personal Information receives the same level of protection as if it remained within the EEA or UK, including by entering into data transfer agreements using the European Commission approved Standard Contractual Clauses. For transfers of personal information among Fluently group affiliates we have put in place European Commission approved Standard Contractual Clauses. Your Personal Information may be transferred to, including but not limited to, the United States or the Cayman Islands, which do not benefit from a decision of the European Commission determining that the country provides adequate protection to Personal Information. You have a right to obtain details of the mechanism under which your Personal Information is transferred outside of the EEA or UK by contacting us as set out in the How Contact Us section of this Policy

NOTICE TO CALIFORNIA RESIDENTS UNDER CCPA

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “Personal Information” (as defined in the California Consumer Privacy Act (“CCPA”)).

1. Personal Information We Collect From You

2. Identifiers: Name, address, email address, phone number, job title, unique personal identifier, online identifier, IP address, Commercial Information.

3. Commercial Information: Transaction information, records of products or services purchased, obtained, or considered.

4. Internet or other network activity information: Website usage.

5. Geolocation data: Country or location based on IP address or time zone.

6. Audio, visual: Recorded voice and audio from meetings.

7. Professional or employment-related information: Job title, company.

8. Inference data about you: Inferences drawn from your interactions with Fluently Services, e.g., feedback on your meetings.

HOW WE USE YOUR PERSONAL INFORMATION

‍‍We use and share the categories of Personal Information we collect from and about you consistent with the various business purposes we discuss throughout this Privacy Policy and depending on the Fluently Services You use. See the relevant section(s) above for more information on how we use and share Your Personal Information.

YOUR CALIFORNIA PRIVACY RIGHTS

The CCPA grants individuals the following rights:

1. Information: You can request information about how we have collected, used and shared your Personal Information during the past 12 months. For details about the Personal Information, we have collected over the last 12 months, including the categories of sources, please see the Information Posed Collects section of this Policy. We collect this information for the business and commercial purposes described in the Use of Information Collected section of this Policy.

2. Access: You can request a copy of the Personal Information that we maintain about you.

3. Deletion: You can ask us to delete the Personal Information that we collected or maintained about you.

4. Right to Opt-out of the Sale of Information: You have the right to opt-out of the sale of Personal Information we have collected about you.

5. Right to Non-Discrimination: You have the right to not receive discriminatory treatment for exercising any of your CCPA rights. We do not treat individuals differently for exercising any of the rights described above.

SHARING YOUR INFORMATION

We share the information collected with third-party service providers such as suppliers, vendors, business partners (e.g., advertising partners, consultants) to operate our business and provide the Services. We do not sell Personal Information that identifies you. We may sell or share de-identified or aggregated data that no longer constitutes Personal Information. You can opt out in your settings.

EXERCISING YOUR RIGHTS

If you would like to exercise any of your rights under California law for your personal information, please submit your request by contacting us via [email protected]

We will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, verifying your name and email address. You are also permitted to designate an authorized agent to submit certain requests on your behalf. We may also follow up with you to verify your identity before processing the authorized agent’s request.