Privacy Policy
[Last updated October 2024]
1. Introduction
Flowstate Agency and https://www.flowstate.agency/ (referred to as “our website”) are owned and operated by Flowstate Automation ABN 79 958 768 490 (referred to as “we”, “us”, “our”, “Flowstate” or “Flowstate Agency”). At Flowstate, we take your privacy seriously and are committed to protecting the privacy of your personal data.
“You”, “your” or “user” means you, the individual accessing our website either personally or on behalf of a company, entity or association.
Personal Data is information that, alone or in combination with other information, could be used to personally identify you. Your name, address or photograph, video or voice can all be considered personal data.
This Privacy Policy explains our data practices, as well as the choices available to you regarding use of, access to, or how to update and correct your personal data and other information in connection with your use of our website and our services (collectively referred to in this policy as ‘our services’).
We are not responsible for any other privacy policies or privacy practices of clients or other third parties, including Mailchimp, Klaviyo or other email marketing platforms.
By using our services, you consent to the policies and practices described in this Privacy Policy. If you disagree with any of the practices described in this Privacy Policy and our Terms and Conditions, you understand that your remedy is to stop using our website, resources and services.
2. Our Collection of Your Personal Data
Flowstate Agency may collect and use your personal data to deliver our services, inform you of various opportunities, and provide support, as described below (please also seethe section below).
Personal Data That You Voluntarily Provide to Us
We mainly collect personal data directly from you when you first request our services, engage our services or interact with our website. Some of the other ways in which we may collect your personal data is when you conduct a transaction with us, our affiliates, or others, when we collect information about in you in support of a transaction, such as credit card information or when you elect to receive particular information, to purchase access to one of our products or services or to participate in an activity.
We do not collect the personal data of your clients. That data remains in your systems and within your control. What this means is that you are the data controller of your clients’ personal data, and any work we do with that data on your behalf will only be as a data processor. These concepts are important when working with EU Data Subjects, referred to below.
The types of personal data that we may collect varies depending on the services we offer, but typically include your full name, email address, your address and phone number, location, computer or network, interactions with us, billing information, and other information that you voluntarily give to us.
When we obtain personal data from you through our website, we will collect the information that you elect to upload to your account, which may also include additional personal information, such as your image, voice or video.
Information Received from Other Sources
We may also collect information that is provided, posted or uploaded by users to any of our social media pages which may include personal information. We do not control the content posted to our social media pages. You should carefully consider whether you wish to submit personal data and whether you wish to make your profile available to other users, and you should tailor any content you submit appropriately. You should also review any additional terms and conditions that may govern your use of those services. We draw your attention to some social media privacy policies (links available below) and encourage you to read these before you decide to proceed to interact on our social media pages.
Instagram - https://privacycenter.instagram.com/policy/?entry_point=ig_help_center_data_policy_redirect
Facebook - https://www.facebook.com/about/basics/privacy-principles
LinkedIn - https://www.linkedin.com/legal/privacy-policy?trk=d_checkpoint_lg_consumerLogin_ft_privacy_policy
We may receive information about you from publicly available and third-party databases or services that provide information about business, people or companies, and combine this data with information we already have about you. This may help us in our delivery of services to you, or help us to update, expand and analyse our records, identify new customers, and provide services that may be of interest to you. We may use Google Workspace or other similar programs, which means that your social media linked profiles and other Google information may be linked to other information we hold about you.
Google - https://support.google.com/googlecloud/answer/6056650
Where you are not an existing customer or client and we have collected your information from a third party instead of directly from you, we will obtain your consent before contacting you, if required by the law of the country in which you are located.
Our website may contain links to other sites that provide information that we consider to be interesting. If you share information with a third party, including by clicking on their link, this Privacy Policy does not control their use of your personal information, and you should check their privacy policies and/or ad services to learn about the use of cookies and other technology before clicking a link to another site.
Our website may provide the opportunity for you to post comments. Whenever you publicly disclose information online, that information could be collected and used by others. Flowstate Agency is not responsible for any action or policies of any third parties who collect information that users disclose on any forums on our website. Flowstate does not agree or disagree with anything posted on a discussion board if we make one available. Any information posted by you on our website are subject to our Terms and Conditions.
Automatically Collected Data
As you interact on our website, we may collect information about the device you used to access our site, and visits to one or more other websites (automatically collected data) through cookies, web beacons and other technologies, Internet Protocol address (IP address) tracking/URL tracking, and other tools (collectively referred to as “tracking technologies”). The types of automatically collected data collected on our website using tracking technologies include the search terms you used, new or returning user information, browser information, device type, operating system, internet service provider, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, and ads viewed. Please see the Tracking Technologies section below.
How We Use Information
We use the personal data we collect from you (unless otherwise restricted by law) to:
● Start and maintain your relationship with Flowstate Agency. EU Data Subjects - This use is necessary for the performance of the contract between you and us.
● Provide support to you or for other services you have purchased from us or through our website, including operational communications about updates or changes in our services. EU Data Subjects - This use is necessary for the performance of the contract between you and us.
● Respond directly to your information requests or other inquiries. EU Data Subjects - This use is necessary to respond to or action your request.
Marketing
We also use your contact details to deliver information that we think may be of interest to you. If you do not wish to receive marketing materials, or emails from Flowstate you can tell us your preferences by contacting us using our details provided to you below. You may also unsubscribe from mailing lists or any registrations directly on our website.
Where required by the applicable law (for example, if you are an EU Data Subject), we will send you marketing information or notifications only with your consent, which was given at the time you provided us with the personal data. If you do not provide us with your consent to the processing of your Personal Data for this purpose, we will not send you this information, (please refer to the EU Data Subjects section below for information on your rights). For California residents, please consult the United States - California Residents section below.
With your permission, we may also use the information you provide to us as a testimonial in any of our promotional materials.
Additionally, we may feature testimonials shared by you on our website. We do this with your permission and have royalty free licence to do so. We may use the information you provide to us in our marketing and advertising, including but not limited to on our website, social media pages and/or blog sites.
Communications
If you communicate with us via email, using our web forms, or any other form of communication, we may keep the communication and the information it contains. We may use the information for business purposes, including responding to your inquiry, notifying you of any related opportunities, and other marketing purposes (please read the Marketing section above for more information on our marketing practices and how to opt out or unsubscribe).
URL and IP Address
We collect information about your IP addresses and your utilisation of our website, to help us improve our website to better suit your needs. We may use information about your IP address to help diagnose problems with our server, administer our website, analyse trends, track visitor movements, and gather information that assists us in identifying your preferences, as well as other visitor preferences. We also may use your IP address to enhance our security and investigate an actual or potential security incident.
For EU Data Subjects, the way we use your information is necessary for our legitimate interests in understanding how our website and our services are being used by you, to improve your experience and ensure network and information security. For more information about what we mean by legitimate interests, and when we may process personal data for our legitimate interests, please see the EU Data Subjects section below.
Anonymised & Aggregated Data
We may also compile, anonymise and/or aggregate your personal data and other information collected about you, as described in this Privacy Policy. We may also use such anonymised and/or aggregated data for our business purposes. This includes disclosing anonymous or aggregated data to our affiliates, service providers, advertisers and/or other third parties for marketing or promotional purposes. This aggregate information does not identify you and we may keep this information indefinitely.
For EU Data Subjects, this use of anonymised and/or aggregated data is necessary for our legitimate interests in understanding how to improve the services we offer.
Service Data
Our contract with you governs our relationship with you, so any information we receive about you during this process, will only be used for the purposes of performing the services you agreed with us.
3. Disclosure of Information
Flowstate Agency only discloses personal data that we collect in accordance with the terms in this section.
We share your personal data with third parties who provide services to us. We expressly authorise these third parties to process your personal data on our behalf, for the purpose of providing these services to us. We do not authorize them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide. We share your personal data with the following service providers:
● Providers of payment processing and accounting, as necessary to process payment from our clients (eg. Stripe/PayPal)
● Providers helping us fulfill marketing services (eg. Hubspot)
● Providers of research and analytics services, including Google Analytics
● Providers of cloud computing infrastructure services (eg. Google Cloud Platform and Dropbox)
We may also disclose personal data to third parties in the following circumstances:
(1) if you request or authorise it
(2) when required by law – we will inform you who is requesting your data, their purpose, and if time permits, obtain your consent
(3) the information is provided:
(a) to comply with the law
(b) to enforce any agreement, we have with you
(c.) to protect our rights, property or safety, or the rights, property or safety of our employees or others
(d) to investigate fraud or
(e) to respond to a government request or to lawful requests by public authorities, including to meet national security or law enforcement requirements
(4) to address emergencies or acts of God
(5) to address disputes, claims, or to persons holding a legal or beneficial interest
(6) if we are involved in a merger, acquisition, financing due diligence, reorganisation, bankruptcy, receivership, sale of company assets, or transition of service to another provider, in which case your personal data and other information may be transferred to a successor or assignee.
We collect, store and process the information from our website
We store your information in the cloud and use third party providers, such as PayPal, Stripe, and Google Cloud Platform (GCP ). We do not designate the country for storage of our data and your data may be stored outside your country. We keep your information safe by storing it in accordance with this Privacy Policy and only permitting access to authorised staff and our third-party providers, who are required by us to treat your personal data as confidential. We do not sell your personal information.
While we endeavour to implement and maintain reasonable security measures to protect your personal data and its use, we cannot guarantee protection against all potential threats. No method of transmission over the internet or cloud storage is completely secure and we cannot guarantee the security of your personal data. By using our services, you acknowledge and accept these risks.
The applicable data privacy and data protection laws may offer less protection than the laws in your country. By using our services, you agree to the transfer of your personal data as described in this Privacy Policy. If you do not agree to such cross-border transfers of your personal data, please do not submit it through our website.
We aim to only work with respected third-party providers who promote their intention to protect personal information and will provide a reasonable level of data protection, even if we are unable to verify that it is compliant with the EU General Data Protection Regulation for the transfer of Personal Data collected in the European Economic Area and Switzerland.
We use interfaces with social media websites or platforms that are owned and/or controlled by third parties, such as Facebook, Instagram, LinkedIn, and others (referred to as “social media sites”). If you are a member and choose to “like” or share information through any social media sites, the interfaces on our website may allow the social media site to connect your website visit to your personal data. Please review the section on Our Collection of Your Personal Data above for information about protecting your personal data.
4. How You Can Access and Change Information
We acknowledge that you have the right to access your personal data and we will allow you to access, correct, amend, or delete any inaccurate data. If you make a request to us in writing to remove data, we will respond within a reasonable timeframe. You cannot request that your data be identified or extracted from anonymised and/or aggregated data.
Upon request, we will advise you if we hold any of your personal data. You may access, update or correct your personal data or remove it from our system by contacting us in writing as indicated under the Contact Us section below. Requests typically receive a response within thirty (30) days. If access cannot be provided within that period, we will provide you with an estimated date. If we deny you access, we will provide you with our reasons for doing so within the specified time frame.
If you are an EU Data Subject, please see the EU Data Subject section below for information on your rights in relation to the Personal Data we hold about you.
5. General Provisions
Children
Our website is not intended for use by or targeted at children under eighteen (18) years of age, and we do not knowingly or intentionally collect information about children under eighteen (18). Anyone accessing our website is assumed to be eighteen (18) years or over or under direct parental supervision. If you think that we have collected personal information from a child under the age of eighteen (18), please contact us using the Contact Us section below.
Conditions of Use
By using our services, you agree to the terms and conditions contained in this Privacy Policy and other terms and conditions published by us through this website or provided directly to you, collectively referred to as Terms. If you do not agree to any of these terms and conditions, you should not use our services. You agree that any dispute over privacy or the terms contained in this Privacy Policy and terms will be governed by the laws of Victoria Australia. You also agree to arbitrate any such dispute in Victoria, Australia and to accept any limitation on damages contained in any agreement we may have with you.
Changes to the Privacy Policy
We may update this Privacy Policy from time-to-time. We reserve the right to amend the Privacy Policy at any time, for any reason, and may do so by posting a new version online. Your continued use of our services, and/or continued provision of your personal data will be subject to the terms of the then-current Privacy Policy. We encourage you to periodically review this page for the latest update on our privacy practices. The last updated date of our Privacy Policy is listed under this policy heading for ease of reference.
6. EU Data Subjects
Scope
This section applies if you are an individual located in the European Union (EU) (EU Data Subject). For these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, where applicable, Switzerland.
Data Controller
Flowstate Agency is the data controller for the processing of your personal data, and a data processer for processing personal data of your clients.
Your Rights
Subject to applicable law, you have the following rights in relation to your personal data:
● Right of access - If you ask us in writing for your personal data that we hold, we will give you a copy.
● Right to data portability - You have the right to obtain your personal data from us, within a reasonable time.
● Right to rectification - If your personal data is inaccurate, you are entitled to have it amended within a reasonable time.
● Right to erasure - If you ask us to delete your personal data, we will delete it within a reasonable time, provided it is no longer required by us.
● Right to restrict processing - If you ask us to restrict the processing of your personal data, we will restrict it within a reasonable time, provided it is no longer required by us.
● Right to object - You may ask us at any time to stop processing your personal data, and we will do so:
o unless we have legitimate grounds to continue, such as a contractual obligation; or
o if we are using it for direct marketing.
● Rights in relation to automated decision-making and profiling - Unless you expressly consent, you have the right to prevent the automated processing of your personal data, including profiling, and any other impact this might have upon you.
● Right to withdraw consent - You have the right to withdraw your consent at any time.
● Right to lodge a complaint with the data protection authority - If you have any concerns about the way your personal data is handled, you can report it to the authorised data protection authority in your country.
If we have shared your personal data with a third-party, and you have a right identified above, wherever possible we will contact them to amend it and let you know.
You may exercise your rights by contacting us in writing using the Contact Us section below.
Legitimate Interest
Legitimate interests refer to the way we conduct and manage our interests. For example, we have a legitimate interest in processing your personal data to analyse how our websites and our products and services are being used by you, and to ensure network and information security, as described in this Privacy Policy.
When we process your personal data for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate interests do not automatically override your interests. We will consider the impact of our interests upon your interests and your consent regarding your personal data. You have the right to object, in writing, to processing your data that is based on our legitimate interests. For more information on your rights, please see the Your Rights section above.
Data Transfers
Wherever possible, we prioritise partnering with respected third-party providers who choose a higher level of data protection and advise us that they take important steps to protect your personal information. This is even if we are unable to verify that it is compliant with the EU General Data Protection Regulation for the transfer of Personal Data collected in the European Economic Area and Switzerland.
Our Security Measures to Protect Your Personal Data
We are committed to taking reasonable efforts to secure your personal data information. We use a variety of security and procedures to help protect against unauthorised access of personal data. We restrict access to personal data at Flowstate Agency and will treat your personal data with the greatest respect.
We cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. Flowstate has no responsibility or liability for the security of information transmitted via the internet. If you have questions about this Privacy Policy or the security of your personal data, please contact us using the Contact Us section below.
We retain your personal data for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements. Once your personal data is no longer required, we will securely destroy it and will no longer store it.
Inapplicability of Privacy Policies of Any Linked Websites or Other Third Parties
This Privacy Policy only addresses our use and disclosure of your personal data. We encourage you to be aware that when you go to another website you should carefully read their privacy policy.
We are responsible for the processing of personal data received from you and subsequently transferred to a third-party acting as an agent on our behalf. As an Australian based organisation, our services fall outside U.K.-U.S. Privacy Shield Frameworks. Flowstate Agency is not subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
As an EU data subject, if you have unresolved privacy or data use concerns that we have not addressed satisfactorily, you may contact the U.K.-based third-party dispute resolution provider (free of charge) at https://www.financial-ombudsman.org.uk/ .
7. United States - California residents
Flowstate Agency is not subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. This section provides additional details about the rights of Californian consumers under the California Consumer Privacy Act (CCPA).
How We Collect, Use, and Disclose your Personal Information
The section Our Collection of Your Personal Data describes the personal information we may have collected over the last twelve (12) months, including the categories of sources of that information. We collect this information for the purposes described in the How We Use Information section. We share this information as described in the Disclosure of Information section.
Your CCPA Rights and Choices
As a Californian consumer and subject to certain limitations under the CCPA, you have choices regarding our use and disclosure of your personal information:
Exercising the right to know
You may request, up to twice in a twelve (12) month period, the following information about the personal information we have collected about you during the past twelve (12) months:
● the categories and specific pieces of personal information we have collected about you
● the categories of sources from which we collected the personal information
● the business or commercial purpose for which we collected the personal information
● the categories of third parties with whom we shared the personal information
● the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.
Exercising the right to delete
You may request in writing that we delete the personal information we have collected from you, subject to certain limitations under applicable law.
Exercising the right to opt-out from a sale
We do not use, share, rent or sell your personal data for interest-based advertising, except for the services you have engaged us to do. Our website and services do not respond to Do Not Track requests.
Non-discrimination
The CCPA provides that you may not be discriminated against for exercising these rights.
8. Tracking Technologies
Together with our partners, we may use cookies and other technologies to analyse trends, administer the website, track your movements around the websites, to gather demographic information about our user base and to collect information about your browsing habits in order to make advertising relevant to you and your interests, as described below.
When you first visit our websites, you will be asked to consent to the use of cookies and similar technologies in accordance with this Privacy Policy, and if you accept, we will store cookies and similar technologies on your device.
What Are Cookies
Cookies are pieces of data sent to your browser when you visit a website stored on your device or computer’s hard drive. Cookies may store user preferences and other information. For example, cookies can store your session information for easy login to a website, or your language or user interface customisation preferences or may allow websites to record your browsing activities (for example, number of page views, number of visitors, and time spent on each page).
We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for a set period of time or until you delete it.
How We Use Cookies
We classify cookies in the following categories:
● Categories of Use
● Purpose
● Strictly Necessary
These cookies make it possible to link the actions of a user during a browser session to navigate around web pages, access secure areas of our website and help make the services available through our website and software functionality. Without these cookies, some basic functions of our website would not work.
For example, a session cookie is used to track a visitor’s identity during a particular session, and another cookie contains credentials to authenticate a user.
We use session cookies for authentication and authorisation purposes and to track a visitor’s identity during a particular session. Because these cookies are strictly necessary to deliver our services, users cannot refuse them.
You can block or delete these cookies by changing your browser settings.
Preferences
These cookies are used to store choices you make and your preferences regarding our services (such as your username, language or the region you are in, to enable user interface customisation). These allow us to provide enhanced, more personal features (such as enabling customer support for users, for example offering live support chat). These are not essential for using our services. However, without these cookies, certain functions may not work properly, and you may not be able to fully experience the interactive features of our website. For example, our website uses cookies to manage the display of items or content.
Our user interface customisation cookies are used to store clients’ preferences or to enable certain functions. You can block or delete these cookies by changing your browser settings.
Analytics
These cookies allow us to recognise you and count the number of times you visit and how you move around the website when using it. This helps us to improve the way our website works and makes sure you can find what you need more easily.
We may use cookies from our website, Google Analytics, Google Ads, Facebook Ads, and other third party providers. The information collected by Google (including your IP address) will be transmitted and stored on servers in the United States of America. Google will use this information to evaluate your use of our website, compile reports on our website activity and provide further services to us relating to our websites usage. Learn more about Google Analytics’ privacy practices, and see a copy of Google’s privacy policy, at the following link: https://support.google.com/analytics/answer/6004245?hl=en&ref_topic=2919631.
We may use Analytics cookies on our website to analyse and evaluate the use of our sites and improve our services and features. If a user is logged in to our website, the application also sets additional authentication cookies.
You can also prevent your data from being collected by Google Analytics on the websites by downloading and installing the Google Analytics Opt-out Browser Add-on for your current web browser at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
You may enable various integrations which, in turn, may set additional cookies. These cookies are set and controlled by you, for website usage tracking, analytics and enabling social media features. Flowstate Agency does not control the placement of those cookies. Use of those cookies is governed by your own privacy and cookie policies.
Other Technologies
We may use a tracking technique with embedded URLs to allow use of our website without cookies. Embedded URLs allow limited information to follow you but are not associated with personal data.
We use embedded pixel technologies (or pixel tags) for the purposes of identifying unique user visits (as opposed to aggregate hits) and for advertising purposes. In addition, embedded pixels or other technologies may be used in emails and our online display advertising to provide information on when the email or advertisement was opened, to track marketing campaign responsiveness.
At Flowstate Agency, we may also use widgets, which are interactive mini programs that run on our site to provide specific services from another company (e.g. links to bookmarked sites), along with buttons or other tools that link to other companies' services (e.g. a Like button). The widget, button or tool may collect and automatically send personal data, such as your email address, or other information to a third party. Cookies may also be set or used by the widgets, buttons or tools to enable them to function properly or for advertising. Information collected or used by a widget, button or tool, including cookie settings and preferences, is governed by the privacy policy of the company that created it.
Your Choices
On most web browsers, you will find a help section on the toolbar which provides a link to information about how to turn off browser cookies. Please note that if you reject cookies or disable cookies, your use of certain functions on our website may be limited.
To find out more about cookies and similar technologies, including how to see what cookies and similar technologies have been set and how to manage and delete them, visit www.allaboutcookies.org and/or or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org, and follow the opt-out instructions there.
If you access our website on your mobile device, you may not be able to control the settings for tracking technologies. If you wish to not have your information used for the purpose of serving you targeted advertisements, you may opt-out by visiting the Network Advertising Initiative’s online resources available here https://optout.networkadvertising.org/?c=1 and following the opt-out instructions there, or if located in the European Union, visit the European Interactive Digital Advertising Alliance’s Your Online Choices opt-out tools https://www.youronlinechoices.com/.
Contact Us
If you have any questions about this Privacy Policy or the management of your personal data, please contact us at: Flowstate Agency
Address: 11-13 Cubitt St, Cremorne, VIC 3121 Australia
Email: hello@flowstate.agency
