Privacy Policy

If you are a California resident, please see our California Privacy Notice below for a description of your rights and our collection policies pursuant to the California Consumer Privacy Act.

At Flaus, Inc. d/b/a Flaus (“Flaus”, “flaus”, “we”, “us” or “our”) we take your privacy and the security of your information very seriously.

This Privacy Policy (“Policy”) covers Flaus owned and operated websites, including gma-goflaus.com.

(“Site” or “Sites”) and any services offered by Flaus, including our provision of oral healthcare devices, and any of our applications (“applications”, “apps”, “App”), and associated services (collectively, the “Services”). This Privacy Policy is incorporated into, and is part of our Terms and Conditions which govern your access to the Site and your use of the Site and/or Services. Unless otherwise defined herein, capitalized terms shall have the meaning assigned to such terms in the Terms and Conditions.

If you have any questions regarding this Policy, please contact us at support@goflaus.com.

The Policy describes the types of information we gather from people visiting our Site and from individual users (“you” or “users”) interacting with the Services, and how we use, transfer, and secure such information. By accessing any of our Site or using any of the Services, you agree to be bound by this Policy. This Policy does not govern information we receive from third parties. If you do not agree to the terms of this Policy, please do not use the Site, or any of our Services. Each time you use any Sites, or Services, the current version of this Privacy Policy will apply. Accordingly, when you use any Site or Services, you should check the date of this Policy (which appears at the top) and review any changes since you last reviewed the Policy.

1 | Types of Information We Collect

Flaus may collect two types of information from users of our Sites and Services: “Personal Information” which is information that you provide that can be used to identify you (such as name or e-mail address, etc.) and “Aggregate Information” which is information that cannot be used to identify you (such as frequency of visits to the Site, browser type, etc.)

1.1. Personal Information Collected

1.1.1. Flaus collects Personal Information you voluntarily provide to us when you use our Sites and Services, including our apps. For example, you may provide us with your email address, first name and last name, shipping address, or other Personal Information.

1.1.2. Further, we may collect Personal Information through your voluntary use of any Flaus provided Apps. Where such data constitutes Personal Information, we will treat it as such. Certain options within Flaus provided Apps may provide you options as to which Personal Information you wish to provide, and the frequency or timing or when you provide Personal Information to Flaus. To stop the collection of any data, including Personal Information, from any Flaus provided Apps, please uninstall the App using your device provided procedures.

1.1.3. We do not control your use of our Sites and Services to share Personal Information with others. If you chose to share information publicly through our Site or Services, please understand that we cannot control the actions of third parties who could collect this information.

1.2. Collection of Personal Information by Third Parties.

1.1.4. Some links on our Site may redirect you to third party websites and services that we do not operate. The privacy practices of these websites and services will be governed by their own policies. We make no representation or warranty as to the privacy policies of any third parties, including the providers of third-party applications. If you are submitting information to any such third party through our Site or Services, you should review and understand that party’s applicable policies, including their privacy policy, before providing your information to the third party.

1.1.5. For example, it is possible that your payment information, such as credit card or debit card information, and may be collected and stored by third party payment vendors, should you choose to provide such a payment method to a third party through your use of the Site or Services.

1.1.6. We do not currently collect financial information, such as your payment method (valid credit card number, type, expiration date or other financial information); that information is collected and stored by our third party payment processing company (the “Payment Processor”) which is currently Stripe, and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy (for Stripe, available at: https://stripe.com/us/legal and https://stripe.com/us/privacy or any of its successor sites). We may from time-to-time request and receive certain information from our Payment Processor or from you directly for purposes of completing transactions you have initiated through the Services, protecting against or identifying possible fraudulent transactions, and otherwise as needed to manage our business. In no cases will such requested information allow for a financial transaction to be initiated.

1.3. Aggregate Information Collected.

1.3.1. Aggregate Information is information that does not identify you. Aggregate Information may be collected when you visit our Site or interact with our Services independent of any information you voluntarily enter. We may collect, use, store, and transfer Aggregate Information without restriction. We may further de-identify Personal Information such that it may no longer be reasonably used to identify you, such that it becomes Aggregate Information.

1.3.2. For example, when you visit our Site, some information is automatically collected. Such information could include your operating system, the site from which you linked to us (“referring page”), the name of the website you chose to visit immediately after ours (called the “exit page”), information about other websites you have recently visited, browser (software used to browse the internet) type and language, device identifier numbers, your site activity, and the time and date of your visit. Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to Do Not Track signals from your browser at this time.

1.3.3. Additionally, from time to time, we may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding our products and services, including our Site. However, any Reviews you submit to us must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

1.3.4. Through the use of Flaus provided Apps you may also choose to provide other information that does not identify you such as data regarding brushing behavior and timing.

1.3.5. By posting a Review on the Site, you hereby grant us an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing us and any products or services we choose to offer. You further grant us a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by us through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in your Reviews as contemplated under our Terms and Conditions and this Policy, and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require we to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.

1.4. No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by us in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

1.5. Monitoring. We have no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. We have no obligation to display or post any Reviews. Subject to this Policy, we reserve the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

1.6. Use of “Cookies”. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to help us identify you when you come to our website. You have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, you may be unable to use those aspects of our Sites which require registration in order to participate. You can learn more about cookies and how they work at www.allaboutcookies.org. You can always disable cookies through your browser settings. Doing so, however, may disable certain features on our websites. To opt-out from third party cookies that are used for advertising purposes, you can do so on the NAI website at http://www.networkadvertising.org/managing/opt_out.asp.

1.7. Analytics.

1.7.1. We may use third parties, such as analytics providers, including Google Analytics to analyze traffic to this web site. Google Analytics does not create individual profiles for visitors and only collects aggregate data. To disable Google Analytics, please download the browser add-on for the deactivation of Google Analytics provided by Google at http://tools.google.com/dlpage/gaoptout?hl=en. To learn more about privacy and Google Analytics, please consult the Google Analytics overview provided by Google at http://www.google.com/intl/en/analytics/privacyoverview.html. You may find additional information about Google Analytics at http://www.google.com/policies/privacy/partners/. You have the option to opt out of Google’s use of cookies by changing your settings through Google Ad Settings, visiting the Google advertising opt-out page at http://www.google.com/policies/technologies/ads/.

1.7.2. We may also use cookies, pixels, beacons, or other web tracking technologies to track the amount of time spent on our Sites or social media and whether or not certain content, such as a video was viewed. We may work with a trusted third party to collect and process this information for us, based on our instructions and in compliance with this Privacy Policy.

1.8. Interest-Based Advertising.

1.8.1. We may also participate in interest-based advertising using similar technology. This means that you may see advertising on our Sites tailored to how you browse or shop, or you may see advertising for We and its properties on other websites based on your browsing behavior across websites. Some websites where we may advertise belong to ad networks that use your web browsing history to choose which ads to display on their network websites; these ads include advertising for We and its Sites. Other websites where you see our ads, such as Facebook, may use interest preferences that you have chosen on those sites, as well as registration and other information about you, to choose which ads to display to you. Some internet browsers, websites such as Facebook and mobile devices offer opt-outs for interest-based advertising. Please refer to the website that you are visiting, your browser and/or your device settings for additional information.

1.8.2. You can opt-out of receiving interest-based ads from third parties who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website (http://www.networkadvertising.org/choices/) and DAA website (http://www.aboutads.info/choices/).

2 | Sharing of Personal Information with Third Parties

2.1. You may choose to share certain health and wellness data with third parties via the Services, including through Flaus provided Apps. This data exchange could occur via Apple HeathKit or a similar service. This data will only be provided to Apple HealthKit with your consent. If you choose to share your Flaus data with Apple HealthKit, the information you provide to HealthKit is governed by the then applicable Apple Terms and Conditions and Privacy Policy.

2.2. We may transfer Personal Information to third parties for the purpose of providing the Services. We may disclose Personal Information to our appropriate affiliates, including third party service providers, to provide you with the Services. For example, we may transfer your Personal Information to third party service providers to (i) provide subscription-based products or services (ii) communicate with you about your purchases or other offers. These third-party service providers are not authorized to retain, share, store or use the Personal Information for any purposes other than to provide the services they have been hired to provide. We may also provide and license Personal Information to third parties for the marketing purposes of the third party.

2.3. We may also elect to transfer your Personal Information to third parties under special circumstances to: (i) to comply with a legal requirement, judicial proceeding, court order, or legal process served on Us, (ii) to investigate a possible crime, such as fraud or identity theft; (iii) in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of Flaus; (iv) when we believe it is necessary to protect the rights, property, or safety of Flaus or other persons, or (v) as otherwise required or permitted by law, including any contractual obligations of Flaus.

2.4. Other Third Parties. We may also receive additional information about you to supplement the information we collect directly, such as demographic, contact, and statistical information, from third parties, such as business partners, marketers, data co-ops (into which companies contribute certain information about their customers (e.g., name and email address) in exchange for information from one another to enhance their customer lists and preferences), researchers, analysts, and other parties.

3 | Corrections/Information Removal/Opt-Out

3.1. You can request that any Personal Information stored by Flaus be deleted at any time by contacting us at support@goflaus.com. We may require you to provide certain information to verify that it is you making the request.

3.2. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each communication.

4 | Children and Privacy

4.1. We do not knowingly collect Personal Information from children in connection with the features of our Sites or Services. If we become aware that an individual under the age of 13 has provided personally identifiable information through our Sites or Services, we will immediately remove the individual’s personally identifiable information from our files.

5 | Visitors That Reside Outside The United States

5.1. We provide these Sites and Services for the purpose of creating an enjoyable experience for its customers within the United States. The laws governing the collection and use of information within the United States may be different from the laws of your country. If you decide to use our Site or Services, or share your Personal Information with Us, you are agreeing to be governed by the laws of the United States, and you are expressly consenting to the transfer of your data to the United States.

6 | How Does Flaus Protect My Information

6.1. Flaus takes the security of your Personal Information very seriously. We use reasonable administrative, physical, and technical safeguards to secure the Personal Information you share with us. Despite these safeguards and our additional efforts to secure your information, Flaus cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your Personal Information.

6.2. The security of your use of your account relies on your protection of your username and password. You may not share your username and password with anyone. If you believe that unauthorized access to your account has occurred, please report it immediately at support@goflaus.com. You must promptly notify us if you become aware that any information provided by or submitted to your account has been lost, stolen, or used without permission. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on a Flaus website.

6.3. Any email or other communication purporting to be from one of our websites requesting your
password or asking you to provide sensitive account information via email, should be treated as unauthorized and suspicious and should be reported to us immediately by emailing support@goflaus.com. If you believe someone else has obtained access to your password, please change it immediately by logging in to your account and selecting the provided option to change your password and report it immediately by emailing support@goflaus.com.

7 | Will We Change This Privacy Policy?

7.1. Each time you use our Site or Services the current version of the Policy will apply. When you use our Site, you should check the date of this Policy (which appears at the bottom of the Policy) and review any changes since the last version. Our business changes frequently and this Policy is subject to change from time to time. Unless stated otherwise, our current Policy applies to all information that we have about you. We will not materially change our policies and practices to make them less protective of your privacy without the consent of affected customers.

8 | How Do I contact Flaus?

8.1. To contact us with your questions or comments regarding this Policy or the information collection and dissemination practices of this website, please email us at support@goflaus.com.

9 | Governing Law

9.1. This Policy is governed by the laws of the State of New York, U.S.A. without giving effect to any principles of conflict of law.

10 | Notice to California Residents

10.1. If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Flaus to third parties for the third parties’ direct marketing purposes. With respect to these entities, this Policy applies only to their activities within the State of California. To make such a request, please send an email to support@goflaus.com or write us:

Flaus
413 W 14th Street, Suite 200 #1021
New York, New York, 10014
Attn: Marketing

11 | Notice to Nevada Residents

11.1. Pursuant to Nevada law, you may direct a business that operates an internet website not to sell certain personal information a business has collected or will collect about you. Flaus does not sell your personal information pursuant to Nevada law. However, Nevada residents have the legal right to opt out of the sale of their personal information, even if their information is not currently being sold. For more information about how we handle and share your personal information or to opt-out under Nevada law, contact us at support@goflaus.com.

Thanks for taking the time to read this Privacy Policy.

For California Residents

Effective November 1, 2022, this notice applies to you and supplements our Privacy Policy as stated above if you are a resident of the State of California. It is intended to provide certain information to you as required by the California Consumer Privacy Act of 2018 (“CCPA”), as amended.

This notice applies to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household such as your real name, alias, postal address, unique personal identifier, online identifier Internet Protocol (IP) address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers (defined in the CCPA as “Personal Information”).

Personal Information does not include:

1. Publicly available information we obtain from government records,

2. De-identified or aggregated consumer information,

3. Information excluded from the CCPA’s scope including, without limitation:

A. Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and

B. Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We may also collect Personal Information from third parties, such as Social Media, Payment Processors, product vendors, and other partners. Our collection of this information allows us to provide you with our products and services, establish, maintain and support your user account on the Services, and communicate with you in accordance with our Terms and Conditions.

Information We Collect

We have collected the following categories of Personal Information from consumers within the last twelve (12) months:

1. Identifiers - A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

2. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) - A name, signature, address, telephone number, passport number, credit card number, debit card number, or any other financial information. Some Personal Information included in this category may overlap with other categories.

3. Protected classification characteristics under California or federal law - Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

4. Commercial information - Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

5. Biometric information - Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

6. Internet or other similar network activity - Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

7. Geolocation data - State and country location.

8. Sensory data - Audio, electronic, visual, or similar information.

9. Professional or employment-related information - Current or past job history or performance evaluations.

10. Education information - Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

11. Inferences drawn from the above - Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Categories of Sources

We obtain Personal Information provided voluntarily by you or a family member when you purchase our products or submit other similar forms directly to us or our affiliates by mail, email, by telephone, or via our websites and mobile applications. We also gather it from written or verbal inquiries submitted by you, surveys, transactions, and from online interactions with you.

We also collect information from third parties and publicly available sources, which include data service providers, social media services, advertising and market research firms, joint marketing partners, employers and group plan sponsors, and consumer reporting agencies.

Business Purposes for Collection of Personal Information

Collecting and using Personal Information is necessary to our business as a consumer products company in order to develop, enhance, and administer our products and services, respond to your requests, inquiries and concerns, inform and educate you about our company and events, and for advertising and marketing purposes. It also helps us to confirm your identity for certain transactions you request or that are initiated on your behalf, improve our website and mobile application user experience, authenticate users, prevent and detect fraud and potential security issues, and fulfill our legal and regulatory obligations such as tax reporting.

Disclosures of Personal Information

Your Personal Information may have been disclosed to:

- You, your authorized representatives, legal agents, and other persons acting on your behalf or to whom you ask, instruct or authorize us to disclose your Personal Information,

- Our contracted service providers who provide a service to or on behalf of Flaus, including analytics service providers, payment providers and website partners,

- Our auditors, consultants, accountants, attorneys and others providing professional advice to Flaus,

- Other Flaus affiliates,

- Business partners of Flaus,

- Applicable governmental, regulatory, supervisory, law enforcement, tax or similar authorities or industry bodies,

- Any other person or entity Flaus reasonably thinks customary, necessary or advisable for the business purposes disclosed in our Privacy Policy or to whom Flaus is obliged by applicable law or regulation to make the disclosure,

- Any other party where Flaus has obtained your consent or authorization.

Business Purposes for Disclosure of Personal Information

- To advertise and market to you, and to consumers who are similar to you,

- To perform services on our behalf, including providing customer service, processing or fulfilling orders, account maintenance, processing payments, and quality control,

- For risk management purposes, identity verification, information security, fraud detection and prevention,

- Undertaking internal research, operational efficiencies and improvements, product enhancements, and business development purposes,

- In connection with legal proceedings, such as responding to a subpoena or court order,

- To demonstrate compliance with our regulatory obligations,

- To report tax information to relevant tax authorities,

- In the event of any planned or actual company reorganization, merger, sale, or transfer, of our business.

Your CCPA Rights

Right to Know

You have the right to request that we disclose certain information to you about our collection of your Personal Information. Such information shall cover the 12-month period preceding our receipt of your request. Upon our receipt of your verified request, we will provide you with the following:

The categories of Personal Information we have collected about you,
The categories of sources from which we have collected your Personal Information,
Our business or commercial purpose(s) for collecting or sharing your Personal Information,
The categories of third parties with whom we have shared your Personal Information, and
The specific pieces of Personal Information we have collected about you.

Please note that even if your request is validated, we will not at any time disclose sensitive information such as a consumer’s financial account number, health insurance or medical identification number, account password, or answers to security questions.

You have the right to request that we disclose certain information to you about our disclosures of your Personal Information to third parties. Such information shall cover the 12-month period preceding our receipt of your request. Upon our receipt of your verified request, we will provide you with the following:

The categories of Personal Information we have collected from you,
The categories of Personal Information that we disclosed about you for a business purpose.

Right to Opt-Out of Sale

We don’t monetize your personal information, however, we sometimes share information with unaffiliated third parties we collaborate with or that provide offers that we think may be of value to you, or with data cooperatives. This sharing of information may be considered a “sale” under California law. If you would like to opt out of our sharing with those unaffiliated third parties for purposes that could be considered “sales” or otherwise for those parties’ own commercial purposes.

Right to Delete

You have the right to request that we delete certain Personal Information we collected from you. However, in many cases we cannot delete all or some of it due to our regulatory obligations to retain certain information, or as required or permitted by other applicable laws, such as for fraud prevention and similar purposes.

Right to Non-Discrimination

We will not discriminate against you for exercising your rights under the CCPA, such as denying you products and services, charging you different rates or prices including use of discounts or penalties, or suggesting or providing a different level of service or quality of products to you.

How to Exercise Your CCPA Rights

To submit a request to exercise any of your rights provided in this notice, please contact us at support@goflaus.com and use “CCPA REQUEST” in the subject line.

We must be able to verify your identity before we take action on your request. Please provide sufficient information to assist us, including a name and shipping address and transaction date. Let us know if there is anything specific that you are requesting.

You may also use an authorized agent to exercise your rights on your behalf. If you wish to use an authorized agent, we require that your authorized agent provides written proof to us that he or she is authorized to act on your behalf, and we may also require your authorized agent to verify his or her own identity. To appoint an authorized agent, please contact us at support@goflaus.com

EFFECTIVE DATE: November 1, 2022