This Privacy Policy describes how FlexGen Power Systems, LLC (“FlexGen,” “we,” or “us”) collect, use, disclose, and otherwise process information about you. This Privacy Policy applies to information we collect when you access or use our website, mobile applications, and other online products and services that link to this Privacy Policy (collectively, our “Services”) and when you otherwise interact with us, such as at events or through our customer support channels. We may provide different or additional notices of our privacy practices for certain offerings, in which case those notices will supplement or replace the disclosures in this Privacy Policy.
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy. If we make material changes, we will provide you with additional notice (such as by adding a statement to the Services or sending you an email). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.
Contents
Collection of Information
Use of Information
Disclosure of Information
Data Retention
Your Choices
Additional Information for Specific Jurisdictions
Contact Us
Collection of Information
The information we collect about you depends on how you interact with us. In this section, we describe the categories of information we collect and the sources of this information.
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information directly from you when you fill out a web form, request customer support, or otherwise communicate with us. The types of information that we collect directly from you include your name, email address, phone number, company name, title, and LinkedIn profile, and any other information you choose to provide. You may choose to not provide this information, but doing so may prevent us from using or accessing some features of the Services.
Information We Collect Automatically
We automatically collect information about your interactions with us or our Services, including:
- Device, Usage, and Activity Information: We collect information about how you access our Services, including data about the device and network you use, such as your hardware model, operating system version, IP address, browser type, and unique device identifiers. We also collect information about the route by which you access our Services, access dates and times, and your activity on our Services, such as pages viewed and links clicked.
- Information Collected by Cookies and Similar Tracking Technologies: We use tracking technologies, such as cookies and pixels to collect information about your interactions with the Services and our marketing communications. These technologies help us improve our Services and marketing communications, personalize your experience, and analyze your interactions with us, including to see which areas and features of our Services are popular and count visits. For more information about the choices available to you, see the Your Choices sections below.
Use of Information
We use the information we collect to Provide, maintain, and improve Services. We also use the information we collect to:
- Develop new products and services;
- Personalize your experience with us;
- Register your attendance for webinars;
- Send you technical notices, security alerts, support messages, and other transactional or relationship messages;
- Send you marketing communications (see the Your Choices section below for information about how to opt out of these communications at any time);
- Monitor and analyze trends, usage, and activities in connection with our Services;
- Detect, investigate, respond to, prosecute, and help protect against security incidents and other malicious, deceptive, fraudulent, or illegal activity, and help protect the rights and property of FlexGen and others;
- Comply with our legal and financial obligations; and
- To create de-identified and aggregate data that cannot reasonably be linked to you.
Disclosure of Information
We disclose personal information as described in this Privacy Policy and in the following ways:
- Vendors and Service Providers. We make personal information available to our vendors, service providers, contractors and consultants who perform services on our behalf, such as companies that assist us with system administration, cloud storage, security, customer relationship management, marketing communications, and web analytics.
- Law Enforcement Authorities and Individuals Involved in Legal Proceedings. We disclose personal information in response to a request for information if we believe that disclosure is in accordance with, or required by, any applicable law, regulation, or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
- To Protect the Rights of FlexGen and Others. We may disclose personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of FlexGen, our users, the public, or others.
- Professional Advisors. We disclose personal information to our legal, financial, insurance, and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
- Corporate Transactions. We disclose personal information in connection with, or during negotiations of, certain corporate transactions, including a merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
- With Your Consent or at Your Direction. We make personal information available to third parties when we have your consent or you intentionally direct us to do so.
We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. We maintain and use this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.
Data Retention
We store other personal information for as long as necessary to carry out the purposes for which we originally collected it and for other business purposes explained in this Privacy Policy. When determining the length of time to retain your information, we consider various criteria, including whether we need the information to continue to provide you the Services, resolve a dispute, enforce our contractual agreements, comply with legal requirements and internal policies, prevent harm, promote safety, security and integrity, or protect ourselves, including our rights, property or products.
Your Choices
Cookies and Similar Tracking Technologies
FlexGen uses cookies and similar tracking technologies, as described above. You can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect some of the functionality of our Services. To opt out of tracking by Google Analytics, click here.
Your browser settings may allow you to transmit a “do not track” signal, “opt-out preference” signal, or other mechanism for exercising your choice regarding the collection of your information when you visit various websites. Like many websites, our website is not designed to respond to such signals, and we do not use or disclose your information in any way that would legally require us to recognize opt-out preference signals. To learn more about “do not track” signals, you can visit http://www.allaboutdnt.com/.
SMS Messaging
FlexGen uses SMS messaging to communicate with its customers and vendors regarding operational scheduling. These communications are not done for marketing purposes and accordingly no personal information or phone numbers will be shared with third parties, partners, or affiliates.
By opting into SMS from a web form or other medium, you expressly consent to receive SMS messages from FlexGen. Message and Data Rates may apply. Reply STOP to stop the SMS messaging or send HELP to request more information.
Communications Preferences
You may opt out of receiving promotional emails from FlexGen by following the instructions in those communications. If you opt out, we may still send you non-promotional emails, such as those about our ongoing business relations.
Additional Information for Specific Jurisdictions
Individuals Residing in California
If you reside in California, this section applies to you. This section also serves as our California notice at collection.
Additional Disclosure
| Category of Personal Information | Categories of Recipients | Use of Personal Information |
| Identifiers (such as name, email address, or IP address) | Vendors and Service Providers |
|
| Personal information categories listed in the California Customer Records statute such as name and telephone number | Vendors and Service Providers | |
| Commercial information (such as records of products or services purchased) | Vendors and Service Providers | |
| Internet or other similar network activity (such as information regarding your interaction with the Services) | Vendors and Service Providers | |
| Geolocation data (such as your city of residence) | Vendors and Service Providers | |
| Professional or employment-related information (such as your title, employer, professional background) | Vendors and Service Providers |
Our Privacy Policy explains how we collect, use, and disclose information about you. As required by California, we use the tables below to explain this same information.
Use and Disclosure of Personal Information for Business Purposes
We generally do not collect information that is considered “sensitive” under California law and we do not use or disclose sensitive personal information for the purpose of inferring characteristics about you.
As described in the Collection of Information section above, we collect personal information from various sources, including directly from you and automatically when you use our Services.
We retain personal information as described above.
We do not “sell” or “share” your personal information of any users (including those under 16 years of age) personal information, as those terms are defined under the California Consumer Privacy Act, nor have we done so in the preceding 12 months.
Your Rights
Access, Correction, and Deletion
You have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information.
To request access, correction, or deletion of your personal information, email us at legal@flexgen.com. We may need to collect information from you to verify your identity, such as your email address, government issued ID or date of birth, before providing a substantive response to the request.
Nondiscrimination
We will not discriminate against you for exercising your privacy rights.
Appeals
If we deny your request, you may appeal our decision by contacting us at legal@flexgen.com. If you have concerns about the result of an appeal, you may contact the California attorney general.
Authorized Agents
You may also designate an authorized agent to submit an access, deletion, or correction request on your behalf. You may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. If you are an authorized agent seeking to make an access, correction, or deletion request on behalf of a California resident, please email us at legal@flexgen.com.
International Transfers
FlexGen is based in the United States, and we and our service providers process and store personal information on servers located in the United States and other countries. Whenever we make restricted international transfers of personal information, we take steps to ensure that your personal information receives an adequate level of protection (by putting in place appropriate safeguards, such as contractual clauses) or ensure that we can rely on an appropriate derogation under data protection laws. Where relevant, you may request access to any safeguard which we use to transfer your personal information outside of the European Economic Area, the United Kingdom, or Switzerland (although we may need to redact data transfer agreements for confidentiality reasons).
Individuals in Europe
If you are located in Europe, this section applies to you.
Legal Basis for Processing
When we process your personal data as described in this Privacy Policy, we do so in reliance on the following lawful bases:
- To perform our responsibilities under our contract with you (e.g., providing the products and services you requested);
- When we have a legitimate interest in processing your personal information to operate our business or protect our interests (e.g., to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you);
- To comply with our legal obligations (e.g., to maintain a record of your consents); or
- When we have your consent to do so. When consent is the legal basis for our processing of your personal information, you may withdraw such consent at any time.
Data Subject Requests
You have the right to (1) access your personal data, including in a portable format, (2) request erasure of your personal data, and (3) request correction of inaccurate personal data. In addition, you may have the right to object to certain processing or request we restrict certain processing. To exercise any of these rights, please email us at legal@flexgen.com.
If you have a concern about our processing of personal data, we encourage you to contact us in the first instance. However, if we are not able to resolve it, you have the right to lodge a complaint with the Data Protection Authority where you reside. Contact details for your Data Protection Authority can be found using the links below:
For individuals in the European Union: https://edpb.europa.eu/about-edpb/board/members_en
For individuals in the UK: https://ico.org.uk/global/contact-us/
For individuals in Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html
Contact Us
If you have questions about this Privacy Policy, please contact us at legal@flexgen.com or contact us at FlexGen Power Systems, LLC. Attention: Legal Department, 280 S. Mangum Street, Suite 150, Durham, NC 27701.