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Privacy Policy and Terms of Use

Effective date:

June 2, 2025

Privacy Statement and Policy

Effective date: June 02, 2025  

Our company is dedicated to protecting your privacy and we take that responsibility seriously. To ensure transparency, we have developed this privacy statement to explain how we collect, use, and safeguard the information you provide to us when visiting our website and when you sign up for any of our online services. This statement outlines the types of information we may gather, how we use it, and how you can access or modify any data we have collected about you at any time.

By accessing or using our services, you consent to our collection, use, and disclosure of your information (including your personal data) in accordance with this Privacy Notice. By accessing our website and using our services, you accept and agree to our practices surrounding collection, use, and disclosure of your information.  If you do not agree with this Privacy Statement and Policy, you may not access or use our services.

PART I: Guiding Principles:

Our Company respects the privacy of individuals who visit our website, send us e-mail, or participate in features/services we offer online. Accordingly, our policy regarding online privacy has been developed using the following guiding principles:

Our Company will take reasonable physical, electronic and managerial measures to safeguard and secure any information you provide to us. Data you provide will be stored in protected databases on secured servers with restricted access.

Our Company maintains a strict “no-spam” policy. Subscribers to our e-mail services (or any other feature/service found on our website) will not receive unsolicited e-mail messages from us.  

Our Company collects information online primarily to provide our visitors with a more relevant experience on our site. When doing so, we will avoid excessive or irrelevant collection of data.  

Our Company will not share any information you’ve provided to us with anyone without your consent other than to provide the service you’ve requested. At the time you register for any such service, you will be notified of, and asked to consent to, the sharing of your information with any third party necessary to the provision of the requested service(s).  

Part II: What is Personal Information?

Personal information or Personal Data is information that identifies an individual or relates to an identifiable individual. Examples of personal information include:  

  • Name,  
  • Email address,  
  • Postal address,  
  • Telephone number
  • Job Title  
  • Diagnostic Device Log Data (excluding patient data)  

Part III: What Personal Information Does Fluxergy Collect?

Fluxergy gathers various categories of personal data, including:

  • Contact details and preferences, such as your name, email, postal address, and phone number
  • Biographical and demographic information, including birth date, age, gender, ethnicity, and marital status
  • Payment details required for processing transactions, like credit card numbers or account information
  • Usernames and passwords selected for setting up accounts on our platform
  • Photographs, social media handles, and digital or electronic signatures
  • Publicly accessible information
  • Internet usage data, such as IP address, browsing and search history, and interactions with Fluxergy’s services and advertisements
  • Device information
  • Geolocation data, such as physical location or movement patterns (more details in “Cookies Notice below)
  • Location information when you access Fluxergy sites or apps via mobile devices, if shared
  • Adverse event information

Additional Information Collected for Healthcare Professionals

If you are a healthcare provider, Fluxergy may also collect:

  • Professional qualifications, including educational background, institutional affiliations, government associations, and details provided in a resume or CV (e.g., work experience, education, languages spoken)
  • Engagement details with Fluxergy’s products and activities
  • Event-related data from Fluxergy-hosted events or activities in which you participate
  • Publicly available professional details, including license information, disciplinary actions, prior legal matters, and regulatory proceedings as part of due diligence

To ensure privacy, please only share information specifically requested by Fluxergy.  

Part IV: How does Fluxergy Use Collected Personal Information?

The way Fluxergy utilizes your information varies based on your interaction with Fluxergy Services. Fluxergy may disclose the following categories of personal information to:

  • Provide and enhance our products and services
  • Develop new offerings
  • Fulfill requests
  • Offer customer support
  • Send communications regarding Fluxergy’s products, services, or investor relations
  • Inform you of promotions or special offers that may interest you
  • Invite you to participate in surveys about our offerings
  • Gain a better understanding of our customers’ and visitors’ interests when using Fluxergy Services
  • Maintain online services, including websites and apps
  • Monitor, detect, and prevent fraud, misuse, and ensure compliance with Fluxergy’s policies
  • Conduct research, including secondary and follow-up studies
  • Determine eligibility for participation in Fluxergy programs or clinical trials
  • Process payments
  • Analyze user interactions with our online services
  • Protect Fluxergy and its users
  • Secure our online platforms, including our network, websites, and software
  • Conduct audits related to current interactions
  • Troubleshoot and repair errors impairing functionality
  • Defend in litigation and investigations and pursue litigation if needed
  • Meet legal and regulatory requirements

Fluxergy may also use information gathered from or about you to offer customized content, including to:

  • Recognize new or returning visitors to our websites or apps
  • Remember your preferences

Personal information collected from any sources listed in the “How Does Fluxergy Collect Personal Information?” section of this Notice may be used for internal purposes, such as data analysis, developing new products, improving websites and apps, enhancing Fluxergy Services, identifying usage trends, and assessing promotional campaign effectiveness.

Mobile contact information will not be shared with any third party or affiliates for marketing/promotional purposes. Any Privacy Policy sections discussing information sharing exclude messaging opt-in and consent, that information will not be shared with any third parties. If a user wishes to be removed from receiving messages, they can opt out at any time by texting STOP to the number."

Part V: Cookies Notice

Our Company may use a browser feature known as a “cookie.” Cookies are small files placed on your hard drive that assist us in providing you with a customized browsing experience. Fluxergy may gather information about you through cookies. We use this data to tailor and improve your experience with our websites, services, and products, to understand site usage patterns, and to manage advertising and communications more effectively.

Our websites are designed to take advantage of cookies; therefore, if you configure your browser to decline their use, certain features of our sites may not function correctly, and you may be required to re-enter your user IDs and passwords more frequently. 

What Cookies We Use and Why? 

The cookies we may use on the website may be categorized as follows: 

Necessary: ‘Necessary’ cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.  

These cookies are required to access the website.  

Functional: 'Functional' cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.  

Performance: 'Performance’ cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.  

Analytics: ‘Analytics’ cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.  

Types of Information Collected via Fluxergy Services:

Log Data: When you access Fluxergy websites or apps, our servers automatically capture certain information (“log data”), including your IP address, visited pages featuring Fluxergy services, browser type and settings, timestamps of your requests, interactions with Fluxergy Services, and cookie information.

Cookie Data: Based on your use of Fluxergy Services, Fluxergy and its Service Providers may use “cookies” (small text files sent to your device) or similar technologies to capture log data.  

Cookies may be session-based (deleted when you close your browser) or persistent (lasting until manually deleted).  

Marketing and Analytical Services: Fluxergy uses Google Analytics to track usage patterns and trends across Fluxergy Services. This tool may also gather data about the usage of other websites, apps, and online resources. For more information on Google’s practices, refer to Google Privacy & Terms. You can opt-out of Google Analytics by downloading the Google Analytics opt-out browser add-on.

Social Media Plugins and Data: Fluxergy websites and apps may incorporate social media plugins (e.g., Facebook "Like" button, Twitter "Share" button). These plugins can place a cookie on your device, enabling social media platforms to identify returning users on our site. When logged into a social media account (e.g., Facebook, Twitter) and using Fluxergy Services, social plugins allow the social media platform to receive information that you visited our site and share details of your interactions on Fluxergy with other users on their platform. Please review the privacy policies of these social media platforms for more information.

By linking your social media or Google accounts to Fluxergy, you allow us to access specific information from these accounts (like contacts), which depends on your privacy settings and the policies of the provider. Granting access allows us to use this data for purposes outlined in this Privacy Notice. However, Fluxergy is not liable for actions taken by these service providers.

Device Information: In addition to log data, Fluxergy may collect device-specific information such as device type, operating system, device settings, unique identifiers, and crash reports. The data collected depends on the device and settings. For further details, please refer to your device or software provider's policies.

Part VI: Cross- Border Transfers of Personal Information

Fluxergy prioritizes the protection of personal information and respects the privacy rights of all users. In alignment with this commitment, Fluxergy does not transfer personal information to other countries or regions.  

We collect, store, and process all personal information from this website within the United States. As such, personal data provided to us will not be transferred, accessed, or processed by any third parties or entities outside of the US.

In the event that we may need to enable cross-border transfers of personal information in the future, we will notify users and ensure that any such transfer complies with applicable data protection laws and includes appropriate safeguards.

Part VII: Supplemental Privacy Notices- By Jurisdiction

EEA Notice

We understand that your personal information is valuable to you, and it is equally important to Fluxergy.  

This Supplemental Privacy Notice for Residents of the EEA (“EEA Notice”) pertains to individuals in the European Economic Area (“EEA”) and relates to your use of www.fluxergy.com and related platforms (collectively, the “Fluxergy Services”). This notice describes how we handle your personal information and explains your rights in connection with our processing of such data. Please review this EEA Notice to understand how we collect, use, and protect your personal information when you use Fluxergy Services. If you disagree with the data handling practices outlined in this EEA Notice, YOU SHOULD NOT USE THE FLUXERGY WEBSITE. The terms “you” and “your” refer to any user of Fluxergy Services.

  1. Who Controls Your Information? Under EEA data protection legislation, Fluxergy is the data controller of your personal information. Our contact details can be found in the “Contact Us” section below.
  1. Information We May Collect and Process
  • Information You Provide: We collect and store information you provide directly through the Fluxergy Services, such as when you fill out a support form, request information, or sign up for investor email alerts. This may include, but is not limited to:
  • Name
  • Email Address
  • Company
  • Postal Address (street address, city, state, postal code, country)
  • Telephone Number
  • Details about your request(s)
  • Passive Collection of Information & Use of Cookies: Fluxergy may collect information automatically from visitors to its Services through cookies. Cookies are small files stored on your computer that help tailor the content of Fluxergy Services to your needs and interests. This data may include:
  • Registered domain or home server
  • IP address
  • Browser type
  • Referring URL: This passively collected information helps us improve Fluxergy Services, and may include anonymous data that does not identify you individually.
  1. Why We Collect and Process Your Information?

The information collected enables us to fulfill your requests and communicate with you. We use your data for purposes such as:

  • Responding to your inquiries
  • Fulfilling contractual obligations and providing requested information and products
  • Communicating about similar products or services you may be interested in
  • Conducting market research
  • Informing you of important updates to Fluxergy Services
  • Data from Other Sources: We may combine information collected directly from you with other data, data that is publicly accessible, to enhance the services and information we provide.
  1. Legal Bases for Processing Your Personal Information

Our processing of your personal information is based on:

  • Contractual Necessity: Processing required to fulfill contract terms or provide a quote.
  • Legal Obligations: Ensuring compliance with laws and regulations, maintaining records, and audits.
  • Legitimate Interests: Using your data for statistical analysis, fraud prevention, customer service, and direct marketing.
  1. Direct Marketing
  • If you are a current customer, we may contact you regarding products and services relevant to you. You can opt out of promotional communications by emailing compliance@fluxergy.com with “OPT-OUT” in the subject line or by clicking the “unsubscribe” link in our emails.
  1. Data Retention Periods

We retain data only as long as necessary, guided by the purpose of use and legal requirements.

  1. Security

We prioritize the protection of your data, but please note that no internet transmission is completely secure. While we strive to protect your personal information, we cannot guarantee its security during transmission and recommend caution in sharing sensitive information.

  1. Cross-Border Transfers  

Please note that by accessing Fluxergy Services, you are sending data to the US, and such data will be stored in the US. Fluxergy does not transfer data outside of the US, unless you request services from one of our affiliates located in the EAA, in which case we may transfer your data to such affiliate.

  1. Your Rights

Under applicable law, you may:

  • Request access to and a copy of your personal information.
  • Seek rectification of inaccurate information.
  • Object to the processing of your information.
  • Request restrictions on certain types of data processing.
  • Request erasure of your information in some cases.
  • Request that we provide you with data in a machine-readable format.
  • Request that we delete all your data from our systems (in which case you will no longer be able to access any Fluxergy Services, and we will no longer be able to communicate with you).

You may exercise these rights by contacting us as noted below in section 12.  

  1. Our Commitment to Children’s Privacy  

Fluxergy does not knowingly collect information from children under 18 and is committed to protecting their privacy.

  1. Contact Us  

For questions or concerns regarding this EEA Notice or to exercise your rights, please contact us at:  

Fluxergy, Inc.  
Attention: Compliance Department 
30 Fairbanks, Ste 110  
Irvine, CA 92618, USA
Email: compliance@fluxergy.com

  1. Changes to this Notice  

Fluxergy may update this EEA Privacy Notice at any time. If there are changes to our privacy practices affecting residents of this region, an updated EEA Notice will reflect those adjustments, and the new effective date will be noted here. This EEA Privacy Notice was last revised on March 12, 2025 and is effective as of that date.

California Resident Notice

We may disclose personal data to affiliates of Fluxergy, Inc. for the purposes outlined in this Privacy Notice. Under California Civil Code Section 1798.83, separate legal entities are considered “third parties,” and communications with our affiliates may be viewed as promotional. Thus, we provide the following information for California residents who have shared their personal data during the creation of or in the course of a professional services relationship primarily for personal, family, or household purposes (“California Residents”). 

California Residents may request information about our disclosures of specific categories of personal data to third parties (i.e., our affiliates) for their direct marketing purposes, as permitted by California Civil Code Section 1798.83. Requests can be submitted via email. 

This Privacy Notice for California Residents supplements the information provided in this Privacy Statement and Policy and applies exclusively to consumers residing in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 ("CCPA") and other California privacy laws. Any terms defined in the CCPA hold has the same meaning when used in this Privacy Notice. 

The CCPA grants California residents specific rights concerning their personal information. This section outlines your CCPA rights and explains how you can exercise them. 

You have the right to request that we disclose certain information regarding our collection and use of your personal information over the last 12 months. 

You have the right to request that we cease the sale of any personal information we have collected about you, subject to specific exceptions outlined in the CCPA. 

You have the right to request the deletion of any personal information we have collected from you and retained, subject to specific exceptions under the CCPA. 

We will not discriminate against you for exercising any of your CCPA rights. In accordance with the CCPA, we will not: 

  • Deny you goods or services. 
  • Charge you different prices or rates for goods or services, including by granting discounts or other benefits, or imposing penalties. 
  • Provide you with a different level or quality of goods or services. 
  • Suggest that you may receive a different price, rate, or quality of goods or services. 

Part VIII: HOW LONG DOES FLUXERGY RETAIN PERSONAL INFORMATION?
We retain personal data as long as necessary for the purposes outlined in this Privacy Statement and Policy Notice, in line with our records retention program, unless a longer retention period is required by law or necessary to resolve disputes or protect our legal rights as per regulatory requirements.  

When determining retention periods, we consider the following: 

  • Legitimate Interests: Data is retained for a reasonable period, balancing our interests and the fundamental rights of data subjects. 
  • Contractual Necessity: Data is retained for the duration of the contract and any additional period required to fulfill legal obligations or handle potential claims. 
  • Legal Obligations: Data is retained for the duration mandated by applicable laws. 
  • Consent: Data is retained as long as necessary to fulfill the purposes for which consent was given, with individuals retaining the right to request erasure under certain conditions

Part IX: HOW DOES FLUXERGY SECURE PERSONAL INFORMATION?
Fluxergy takes measures to secure our Services; however, we cannot guarantee the confidentiality of information transmitted over the Internet. We encourage you to use caution when sharing personal information online, especially health-related data. Fluxergy cannot guarantee against unauthorized third-party access to your information. Therefore, please consider both the benefits and risks when submitting personal information to Fluxergy Services.

Fluxergy Services may contain links to third-party websites not controlled by Fluxergy or subject to this Privacy Notice. We recommend checking the privacy policies of these external sites before submitting personal information.

Part X: THIRD-PARTY SITES, SERVICES, AND LINKS TO OTHER WEBSITES
Fluxergy may provide links to websites or other content owned or managed by third parties. This Privacy Notice does not address the privacy, security, or other practices of third parties, including those operating any website or platform accessible through the Fluxergy Services or linked within the Fluxergy Services. Inclusion of such links does not imply endorsement by Fluxergy or our affiliates. Fluxergy is not responsible for the privacy practices of any third-party entities we do not own or control. We recommend reviewing the privacy policies of any third-party sites you visit. For questions regarding their privacy practices, please contact the third-party site directly.

Part XI: Legal Basis for Data Collection

We collect and process personal data for a variety of individuals including customers, prospective customers, vendors, visitors to our offices and sites, health care professionals, and social media users. The personal data processed can include names, contact details, professional information, and other relevant data needed for our business operations. 

Across different categories of individuals, the primary legal bases for processing personal data include: 

  1. Compliance with Legal Obligations: Fulfilling our responsibilities under laws, regulations, and industry standards (e.g., transparency laws and health and safety regulations). 
  1. Performance of Contracts: Executing and managing contracts with our customers, vendors, and business partners. 
  1. Legitimate Interests: Operating and growing our business, improving our services and websites, delivering customer services, engaging in marketing activities, and maintaining relationships with customers, vendors, health care professionals, and business partners. 

Ensuring the safety and security of our employees and visitors. 

Part XII: HOW CAN I CONTACT FLUXERGY?
For questions about this Privacy Notice, please reach out by emailing us at compliance@fluxergy.com. Alternatively, you may send a letter to:

Fluxergy, Inc.  
Attention: Compliance Department 
30 Fairbanks, Ste 110  
Irvine, CA 92618, USA
Email: compliance@fluxergy.com

PART XIII: PRIVACY NOTICE UPDATES
Fluxergy reserves the right to update this Privacy Notice at any time. If we modify our privacy practices, a new Privacy Notice will outline those changes, and the effective date of the revised notice will be indicated here. This Privacy Notice was last updated on June 02, 2025, and is effective as of that date.

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