Terms and Conditions | Flowspace

1. Flowspace or Flow Digital (or “we,” “our”, “us”) offer a variety of team productivity tools, collaboration tools, and organizational tools, platforms that are available online, including via mobile applications (collectively, the “Services”), and websites, including but not limited to: www.flowspace.com, www.flowdigital.my, www.flowacademy.com (“Websites”).

2. We refer users collectively as “Users”, “your” or “you” for purposes of the Terms. The Terms create a legal agreement directly between you and us and explain the rules governing use of the Service and Websites. By accessing or using the Services and Websites, you acknowledge and agree that you have read, understand, and agree to be bound by the Terms and our Personal Data Protection Policy. If you do not agree to these Terms, please do not access or use the Service and Websites.

3. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the Terms at any time. Your continued usage of the Services and/or Websites following any changes to the Terms will constitute your acceptance of those changes. We may notify you of such changes by any reasonable means, including by posting the revised version of the Terms on the Websites.

4. If you do not agree with or accept any of the Terms, at any time, you should stop using the Services and/or Websites immediately.

5. You are responsible for all access to the Services and/or Websites using your Internet connection, even if the access is by another person.

1. ELIGIBILITY AND SCOPE

1.1 General. To use the Services and Websites you must be, and represent and warrant that you are, at least 13 years of age and competent to agree to the Terms. If Flowspace has previously prohibited you from accessing or using the Services and/or Websites, you are not permitted to access or use the Services and/or Websites.

2. ACCOUNT REGISTRATION AND USE

2.1 Account Registration and Confidentiality. To access the Services and/or Websites, you must register for a Flowspace account by creating a username and password. You agree to provide us with a true, accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your Flowspace account. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a Customer (“Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that Flowspace is entitled to rely on your instructions.

2.2 Unauthorized Account Use. You are responsible for notifying us at support@flowdigital.my if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Flow Digital will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Flowspace or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, Flowspace reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.

3. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

3.1 The Services and/or Websites are owned and operated by Flow Digital and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Flowspace and its partners, as well as other sources, and are protected by international and national copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Services and/or Websites are also protected as a collective work or compilation under Malaysia copyright and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services and/or Websites. You acknowledge that the Services and/or Websites have been developed, compiled, prepared, revised, selected, and arranged by Flowspace and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Flowspace and such others. You agree to protect the proprietary rights of Flowspace and all others having rights in the Services and/or Websites during and after the Terms and to comply with all written requests made by Flowspace or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services and/or Websites. You agree to notify Flowspace immediately upon becoming aware of any claim that the Services and/or Websites infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services and/or Websites shall, as between you and Flowspace, at all times be and remain the sole and exclusive property of Flowspace. Any unauthorized use of any material contained on or through the Service and Websites may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

3.2 Any redistribution or reproduction of part or all of the contents in any form is prohibited unless it is with our express prior permission. Nothing in the Terms grants you any legal rights in the Services and/or Websites other than as necessary to enable you to lawfully access the Services and/or Websites as intended and authorized by us. You agree not to adjust to try to circumvent or delete any notices contained on the Services and/or Websites (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Services and/or Websites./p>

4. USER CONTENT AND FEEDBACK

4.1 User Content and Submissions on the Service. The Services allows you to create various tasks and submit associated information such as but not limited to the following, text, files, and other materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available to the Services is subject to the following terms:

4.1.1 Free User Content. Free Users maintain ownership of the User Content that they submit to the Services (“Free User Content”). By submitting Free User Content, Free Users grant Flowspace a license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that Free User Content, as permitted by Flowspace’s Personal Data Protection Policy, including if required to do so by law or in good faith to comply with legal process. We reserve the right to remove any Free User Content on the Services that violates the Terms or that is otherwise objectionable in our sole discretion.

4.1.2 User Content on the Services. Content submitted to the Services and/or Websites by Subscribers (“Subscriber User Content”) is owned and controlled by the Customer as set forth in the introduction to the Terms and the Customer Agreement, except with respect to Subscriber User Content submitted by students pursuant to a Customer Agreement with an educational institution (“Student Content”). Such Student Content is owned by the student and not the educational institution. Flowspace maintains a limited, non-exclusive and non-transferrable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Subscriber User Content for the following limited purposes: (i) to maintain, provide and improve the Services; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Subscriber User Content is in violation of the Customer Agreement or the Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process that meets the requirements of the Customer Agreement; and (v) as otherwise set forth in our Customer Agreement or as expressly permitted in writing by the Customer.

4.2 Feedback on the Websites. The Websites may have certain features that allow you to submit information including but not limited to comments, information, and other materials (collectively, “Feedback”) to Flowspace and share such Feedback with other users, or the public. By submitting Feedback through the Websites, you grant Flow Digital a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Flowspace marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.

4.3 User Content and Feedback Representations. You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that we use reasonable efforts to ensure the Services and/or Websites are secure, we cannot guarantee the security of any information that you supply to us. We therefore cannot guarantee that it will be kept confidential. Flowspace does not control, and is not legally responsible for, User Content or Feedback, and that by using the Services and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Flowspace for all claims resulting from User Content or Feedback you submit through the Services and/or Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

5. LICENSE AND ACCEPTABLE USE

5.1 Your License. Subject to your compliance of the Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Services and/or Websites only for your own internal use and only in a manner that complies with all legal requirements that apply to you or your use of the Services and/or Websites, including the Flowspace Private Data Protection Policy and the Terms. Flowspace may revoke this license at any time, in its sole discretion.

5.2 Acceptable Use. All Users must comply with the following rules regarding acceptable use of the Services and/or Websites.

Disruption of the Service.

You may not:

activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;

the publishing or posting of other people’s private or personal information without their express authorization and permission;

the sending of unsolicited communications, promotions advertisements, or spam;

the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or

the promotion or advertisement of products or services other than your own without appropriate authorization.

User Content Standards Within the Services and/or Websites.

You may not post any User Content on the Services and/or Websites that:

violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;

is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;

contains any personal information of minors;

contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without Flowspace’s prior written consent granted as part of a Customer Agreement;

contains viruses, bots, worms, or similar harmful materials; or

contains any information that you do not have a right to make available under law or any contractual or fiduciary duty

5.3 You may not attempt to gain unauthorized access to any part or feature of the Services and/or Websites, or any other systems or networks connected to the Services and/or Websites or to any of our servers, or to any of the servers offered on or through the Site, by password “mining”, hacking or any other illegitimate means.

5.4 You may not scan, probe or test the vulnerability of the Services and/or Websites or any network connected to the Services and/or Websites, nor breach the security or authentication measures on the Services and/or Websites or any network connected to the Services and/or Websites.

5.5 You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services and/or Websites, or any other customer of ours, to its source, or exploit the Services and/or Websites or any service or information made available or offered by or through the Services and/or Websites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your information, as provided by the Services and/or Websites.

5.6 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Services and/or Websites or any service offered on or through the Services and/or Websites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

5.7 You may not transmit or otherwise make available in connection with the Services and/or Websites any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

5.8 You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services and/or Websites;

5.9 You may not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;

5.10 You may not frame or mirror any part of the Site without our express prior written consent;

5.11 You may not create a database by systematically downloading and storing Services and/or Websites content;

5.12 Violations of this Section 5. In addition to any other remedies that may be available to us, Flowspace reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Services and/or Websites, upon notice and without liability for Flowspace should you fail to abide by the rules in this Section 5 or if, in Flowspace’s sole discretion, such action is necessary to prevent disruption of the Services and/or Websites for other users.

6. PRIVACY

For information about how we collect, use, and share the data we collect from and about you, please see our Personal Data Protection Policy which is incorporated by reference into the Terms.

7. WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY

THE SERVICE AND WEBSITES AND USER CONTENT, WHETHER PROVIDED BY FLOWSPACE, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICE AND WEBSITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, FLOWSPACE DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICES AND/OR WEBSITES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF USER CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES AND/OR WEBSITES OR THE SERVERS THAT MAKE THE SERVICES AND/OR WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL FLOWSPACE OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND WEBSITES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES AND/OR WEBSITES, OR ANY LINK PROVIDED ON THE SERVICES AND/OR WEBSITES, WHETHER OR NOT FLOWSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE OR WEBSITES TO WHICH THE CLAIM RELATES. FLOWSPACE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES AND/OR WEBSITES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICES AND/OR WEBSITES, AND FLOWSPACE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE AND WEBSITES. FLOWSPACE WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

8. INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD FLOWSPACE AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICES AND/OR WEBSITES, YOUR CONNECTION TO THE SERVICES AND/OR WEBSITES, YOUR VIOLATION OF THE TERMS OR FLOWSPACE’S PERSONAL DATA PROTECTION POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO THE SERVICES AND/OR WEBSITES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENCES.

9. THIRD-PARTY LINKS AND SERVICES AND/OR WEBSITES

The Services and/or Websites may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Flowspace is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Flowspace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

10. MODIFICATION

Flowspace reserves the right at any time to modify or discontinue, temporarily or permanently, the Services and/or Websites (or any part thereof), with or without notice. You agree that Flowspace shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services and/or Websites.

11. DISPUTES

11.1 Should you have disputes, please contact us as soon as possible.

11.2 If we cannot resolve your dispute using our complaint handling procedure, we will:

a) Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at dispute-notice@Flowspace.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Flowspace, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

b) consider the need of Alternate Dispute Resolution and if necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.

11.3 The Terms will be governed by and construed in accordance with the laws of Malaysia.

12. GENERAL TERMS

12.1 Force Majeure. Under no circumstances shall Flowspace or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

12.2 No Waiver. No waiver of any provision of the Terms will be binding unless in writing, no waiver of any provisions of the Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of Flowspace to exercise or enforce any right or remedy in the Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect.

12.3 Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiaries to the Terms.

12.4 Miscellaneous. The Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Flowspace and govern your use of the Services and/or Websites, and supersede any prior agreements between you and Flowspace on the subject matter. The Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. The Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Flowspace without restriction. The Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. The Terms may not be modified by an oral statement by a representative of Flowspace. No agency, partnership, joint venture or employee-employer relationship is intended or created by the Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any provision of the Terms that by its nature is reasonably intended to survive beyond termination of the Terms shall survive.

12.5 Notices. We may deliver notice to you by e-mail, posting a notice on the Services and/or Websites or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when acknowledged received and you must use the following physical or email address: (1) Owl Digital Web Agency Sdn Bhd, 22 Lorong 2A/27C, 53300, Kuala Lumpur or (2) support@flowdigital.my

Flowspace Privacy Statement

Flowspace is a work management platform that provides teams with the tools to orchestrate their work.

At Flowspace, our mission is your mission. Our customers' trust and partnership are very important to us. That's why we refreshed our entire privacy statement to provide more clarity around how we use your information.

As you use and interact with Flowspace’s websites, products, and services, we process information from and about you in order to provide access to our tools, an enhanced experience, and support. That means that we collect, use, transmit, store, share, and erase your information.

This Privacy Statement describes how Flowspace processes your information and explains the choices available to you with respect to your information.

If you have any questions or concerns about how Flowspace processes your information or about this Privacy Statement, you can email us any time at support@flowdigital.my.

1. Our Relationship With You

Flowspace can be used by companies or by individual users:

If you’re using Flowspace through your company, educational institution, or with your company email address, your company or educational institution’s own Flowspace administrator is responsible for the accounts associated with that company or institution and can: restrict, suspend, or terminate your access to or ability to use the services, access information about you, access or retain information stored with us (including your workspace content and log data about your use of Flowspace), and restrict your ability to edit, restrict, modify, or delete information associated with your use of our products and services.

2. Information We Process

Flowspace processes information we receive directly from you, automatically collected when you use Flowspace or visit one of our websites, and collected by Flowspace from third parties. However, please note that this Privacy Statement does not apply to the processing of your information by third-parties through your use of any third-party integrations available via our services. Please visit those third-party websites directly for more information on their privacy and data protection practices.

Information Flowspace Receives Directly From You

Information needed to create an account

This includes information that is needed for Flowspace to create an account for you and manage your ability to log in and out of Flowspace:

Identifiers, such as first and last name and email address

Your password for Flowspace (hashed) - unique, long, and strong, please

Information related to a third-party authentication identity provider, such as Google Authenticator

If you upgrade your account to a paid account, Flowspace may collect:

Billing information, such as name, address, and telephone number

Financial information, such as credit card information collected by our payment processors on our behalf

Information about your chosen Flowspace plan

Information you provide to us through your use of Flowspace

Information you provide in goals, portfolios, projects, and tasks

Information uploaded to Flowspace, such as attachments

Information from emails you forward to support@flowdigital.my

Profile photo and other information you choose to include to describe yourself, only collected if you do choose to provide it, such as your gender pronouns

Video and audio recordings, and transcripts of those recordings, if you use video messaging

Professional or employment information, such as your title or role at your company

Any other information you choose to provide while using Flowspace that identifies or can be reasonably associated with you

Information about your contacts, if you choose to provide it

Other information you may provide to us when you interact with Flowspace in other ways You may voluntarily provide us with information when you interact with us in other ways, such as when you directly interact with Flowspace staff, such as our sales, user research, or user operations groups. Flowspace may process:

Your requests, questions, and responses to us via forms or email

Information you provide in connection with Flowspace sweepstakes, contests, or research studies, if you choose to participate

Information to verify your identity

Your date of birth

Your audio and video, if you participate in a sales call or user research study and do not opt out of call recording, which also involves the collection of biometric information associated with the call recordings

Information automatically processed when you visit our websites or use our mobile or desktop app

Information related to your use of Flowspace and our websites

We may also collect the following:

Metadata and inference information related to your use of Flowspace, our websites, and third-party integrations to better understand the way you work in Flowspace. We may log the actions you take as you use Flowspace, including but not limited to the number of Flowspace workspaces you work in, the number of tasks you are assigned, when you delete a task or comment, the features and embedded content you interact with, the types of files you share, and what, if any, third-party integrations you use.

Internet network activity, cookies, and similar tracking technologies, including data our servers automatically record, such as your web request, IP address, browser type and settings, referring/exit pages and URLs, number of clicks, date and time stamp information, language preferences, and other such information.

Information collected as a result of participation in beta testing

Information about how you interact with our marketing websites, like flowspace.com, such as where you click, how long you visit a page, your scrolling, mouse hovers, and other data to help us better understand your experience and provide you with the best user experience

Device information and activity when you use Flowspace via a mobile device, such as the type of device you are using, device IDs, operating system version, and mobile network information, which may include your mobile phone number.

Derived device geolocation information, such as approximate geographic location inferred from an IP address

Information Flowspace Receives from Other Sources

Sometimes Flowspace receives your information from third-parties (other individuals, marketing services, third-party integrations), which may include:

Information processed from third-party integrations you set up with Flowspace. For example a third-party integration may give us access to information stored in that third party that Flowspace will process to facilitate the integration

Name, email, and business contact information

Information about you provided to us from other individuals or users of Flowspace

3. How We Use Your Information

Flowspace uses your information to operate our products and services, communicate with you, process transactions when you change Flowspace plans, for security and fraud prevention, and to comply with the law. We may process your information to:

Provide services to you and operate our business

Maintain, provide, and improve our products and services

Help us better understand user interests and needs, and customize Flowspace for you

Analyze and research how you interact with our websites and applications

Protect Flowspace and you, for example:

Securing our systems and products against fraud or unauthorized activity

Identifying, troubleshooting, and fixing bugs and errors

Complying with global laws and regulations

Investigate (in good faith) alleged violations of our User Terms of Service.

Comply with a valid legal subpoena, request, or other lawful process that we determine is necessary to respond to.

If you use Flowspace as part of an organization, company, or academic institution, Flowspace will process your personal information as required by our contract with your organization or academic institution. Those contractual terms may differ from, and take precedence over, the uses described in this Privacy Statement.

In addition, we use information about your use of Flowspace, account information (such as your email address and name), and information related to third-party integrations to:

Communicate with you:

About Flowspace by phone, text, email, or chat

To share important notices and updates, product changes, and other necessary notices such as security and fraud alerts

To advertise or market Flowspace services to you. You have the ability to unsubscribe from promotional communications at any time

Facilitate reporting and analyze performance of the Flowspace platform or features available in Flowspace

Provide webinars or public presentations

Demonstrate Flowspace or provide you access to a demo Flowspace instance

Process your information at your direction

Provide cross-device management of your account. For example, we may locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, in order to save your preferences across devices and analyze usage of our products and services. If you wish to opt out of Google’s ability to locate you across devices in this way, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

Provide you with support and get your feedback

Respond to your requests for information

Help identify and troubleshoot any issues with your account and answer your questions

Resolve support requests

Provide you with reports about usage

Survey your opinions through surveys, research studies, and questionnaires

Combined Information

Unless otherwise prohibited by law, we may combine the information that we collect through your use of our products and services with information that we receive from other sources, both online and offline, and use that combined information as set out above.

Aggregated and De-identified data

We may aggregate and/or de-identify information related to your use of Flowspace (such as how many tasks or projects you created) so that such information can no longer be linked to you or your device. We may use such aggregated and de-identified data for any purpose, including but not limited to for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others.

We need to share the information we collect about you to make our products and services run smoothly and to operate our business under the following conditions:

Service Providers and Subprocessors. We may provide access to or share your information with select third parties that use the information on our behalf to assist in providing Flowspace’s services, website, and features. These third parties provide a variety of services to us, including without limitation sales, marketing, provision of content and features, advertising, analytics, research, data storage, security, fraud prevention, and other services.

Advertising and Marketing. We may provide information collected when you visit an Flowspace website (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant Flowspace ads when you visit other websites.

Because you ask us to share. We may disclose your information to third parties when you ask us to do so. This includes when you connect Flowspace with other tools via our available integrations.

Consistent with your settings within our products and services. Please note that the information you submit through and share in Flowspace may be viewable by other users in your workspace, team, division, organization, depending on the specific settings you have selected and if an organization has been created for your domain.

Affiliates and Subsidiaries. We may share the information we collect within the Flowspace family of companies to provide Flowspace’s services to you.

Business Transfers. If the ownership of all or substantially all of our business changes, or all or some of our assets are sold as part of a bankruptcy or other proceeding, we may transfer your information to the new owner so that the services can continue to operate. In such a case, your information would remain subject to the promises and commitments contained in this Privacy Statement until the acquiring party updates it. If such transfer is subject to additional mandatory restrictions under applicable laws or agreements, Flowspace will comply with those restrictions.

Compliance with legal obligations. To comply with a valid legal subpoena, request, or other lawful process that meets the requirements of our User Terms of Service. We will notify individuals or customers of that request unless: we are prohibited from doing so by law or court order; or there are exceptional circumstances, such as an emergency involving the risk of bodily injury or death to a person or group of people or potential harm to minors.

If you have one, your company’s own Flowspace account administrator. If you’re using Flowspace in connection with an organization, academic institution, or company domain, your company’s own Flowspace account administrator can export data associated with the domain they manage if they have a subscription plan that allows them to do so.

Public Forums. Our public forums, such as the Flowspace community forum, make it possible for you to upload and share comments or feedback publicly with other users. Any information that you submit through such public forums is not confidential, and Flowspace may use it for any purpose (including in testimonials or other Flowspace marketing materials). Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Such information can be read, collected and/or used by other users, and it could be used to send you unsolicited messages.

We use and share the categories of information we collect from and about you consistent with the various business purposes we discuss throughout this Privacy Statement. We do not share your information with third parties for their own direct marketing purposes. We do not sell your information as defined under applicable law.

5. Protection, Storage, Transfer & Retention of Your Information

Security

Flowspace takes technical and organizational measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure, and so we cannot ensure or warrant the security of that information.

Storage

When you use Flowspace, some information about you will be stored in our internal database in our Malaysia office.

Data Retention

We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Statement, to make our products and services available to you, or as instructed by you, unless a longer retention period is required or permitted by law.

6. Other Important Information

Use by children under 16

If you are under the age of 16, you may not have an Flowspace account or use Flowspace products or services. We do not knowingly process any information from, or direct any of our products or services to, children under the age of 16.

Marketing Practices and Choices

If you receive email from us, we may use certain analytics tools, such as clear GIFs, to capture data, such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.

You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions, and special events that might appeal to your interests by emailing us at support@flowdigital.my. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails.

Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Statement or as required by applicable law. For example, you may not opt out of certain transactional, operational, or service-related emails, such as those reflecting our relationship or transactions with you.

Do-Not-Track

Do Not Track is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our websites for third party purposes, and that is why we provide the ability to opt out, if needed, and adjust your cookie preferences. We do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.

Legal Bases for Processing Your Information

Our legal basis under the General Data Protection Regulation (GDPR), a data protection and privacy regulation in the European Union, for collecting and using your information described above will depend on the particular type of information and the specific context in which we collect it. However, some examples of legal bases for processing that we rely on:

Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with the User Terms of Service which you accept by using Flowspace’s services or to fulfill the terms of a contract signed with companies)

Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security, operate our products and services, prevent fraud, analyze use of and improve our products and services, and for similar purposes)

Where use of your information is necessary to comply with a legal obligation

Where we have your consent to process data in a certain way

7. Your Privacy Rights

C. Your Privacy Rights

Flowspace users from around the world use our products to bring clarity to their work. Regardless of what country you’re located in, we respect your ability to know, access, correct, export, restrict the processing of, and delete your information, and have extended those rights globally. We will not discriminate against you for exercising your privacy rights.

Information About Your Rights

Upon your request, and subject to applicable legal exceptions, we will:

provide access to and/or a copy of certain information we hold about you

prevent the processing of your information for promotional purposes (including any direct marketing processing based on profiling)

update information which is out of date or incorrect

delete certain information which we have about you

restrict the way that we process and disclose some of your information

transfer your information to a third party provider of services

revoke your consent for the processing of your information

Exercising Your Rights

We will need to verify your identity and may need to verify your relationship with Flowspace for security and to prevent fraud.

We may take additional steps to verify that you are authorized to make the request. If you are an end user of Flowspace’s services and not a direct customer of Flowspace (for example, your company uses Flowspace and you’re an employee or authorized representative of that company), you should direct requests relating to your information to the administrator of your company’s Flowspace account. We will redirect you to your administrator or notify the administrator directly.

Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation.

8. Changes To Our Privacy Statement

We will update this Privacy Statement to make sure it accurately reflects our data collection and use practices, our amazing features, advances in technology, or as applicable laws require. We will comply with applicable legal requirements regarding providing you with notice and/or consent when we make such changes, depending on the type of change made. We also provide information about how our Privacy Statement has changed over time below.

Personal Data Protection Act 2010 Notice (“PDPA Notice”)

We take your privacy very seriously. This PDPA Notice explains how we process the personal data we collect from you.

When you join or apply to use the services provided by our organization, we would ask for your personal data which may include the following (“Personal Data”):-

1. Personal Data which we collect about you

When you join or apply to use the services provided by our organization, we collect the following Personal Data from you:

Name, national registration identification card number, passport number, e-mail address, postal address, telephone number, mobile number, employment details, marital status, date of birth, gender, nationality, personal interests, skills, languages, education, payment information such as credit card, PayPal or other financial account information and all other related information necessary and incidental to our organization.

Occasionally we may receive information about you from other sources which we will add to the information which we already hold about you in order to help us provide better services.

2. How we collect your Personal Data

We collect your Personal Data through several methods which include but are not limited to:-

(a) website forms or e-forms;

(b) application forms or other forms;

(d) during meetings or interviews with us;

(e) from manual or electronic communications with us or documents provided to us prior to during the course of our business;

(f) from use of cookies on our website;

(g) from our mobile app;

(h) from persons related to our organization.

The collection, processing and/or storing of your personal data includes the processing and/or storing of any additional information you may subsequently provide to us and/or collected by us from third parties, for the following purposes:-

(a) to administer your participation in any of the services provided by our organization;

(b) to assess and process your application(s) to our provided services;

(d) to conduct activities and/or events;

(e) to organize and/or carry out marketing or promotional operations and similar events;

(f) to request feedback or participation in any of our surveys;

(g) such other purposes as may be related to the foregoing.

(hereinafter referred to as “Purposes”)

It is not obligatory for you to provide us with all the Personal Data that we request for. However certain Personal Data may be required to enable us to meet your requirement and your failure to supply the required Personal Data may result in our inability to meet your requirement.

3. How we use your Personal Data

We gather this information to allow us to carry out any of the Purposes as set above. The relevant information is then used by us, our agents and sub-contractors to communicate with you on any matter relating to the conduct of your account and the provision of the services in general. If you agree, we may also contact you about other products and services we think may be of interest to you.

We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us to develop our website and our services. We may also provide such aggregate information to third parties. These statistics will not include information that can be used to identify you.

From time to time we may provide your information to our service-related agencies for research and analysis purposes so that we can monitor and improve the services we provide. We or our agents and sub-contractors may contact you by post, email or telephone to ask you for your feedback and comments on our services.

We will retain your Personal Data for as long as it is necessary to carry out the Purposes set out above and to comply with the PDPA and/or applicable laws and orders of competent authorities.

4. Third party

We may also want to provide you with information from selected third parties whose products or services we believe may be of interest to you. If you would rather not receive this information, please send an email to support@flowdigital.my.

5. Transfer abroad

We may also transfer your Personal Data to a place outside Malaysia when carrying out any of the Purposes stated herein.

6. Accessing and updating your Personal Data

Subject to a payment of a fee you have the right to request access to and correction of your Personal Data and if necessary, to correct or remove Personal Data which is held by is, or if you have any questions about our PDPA Notice or if you have any queries or complaints relating to misuse or suspected misuse of your Personal Data, please write to us using the contact details below or visit us at our office:-

Address: Owl Digital Web Agency Sdn Bhd, 22 Lorong 2A.27C, 53300 Kuala Lumpur

Telephone No: +603-74971038

Email: support@flowdigital.my

We want to ensure that your personal information is accurate and up to date. If any of the information that you have provided to us changes, for example if you change your email address, name or payment details, or if you wish to cancel your registration, please let us know the correct details by sending an email to support@flowdigital.my or by sending a letter or fax or contact the above address. You may ask us, or we may ask you, to correct information you or we think is inaccurate, and you may also ask us to remove information which is inaccurate. We will not be responsible for relying on an inaccurate or incomplete Personal Data if you have not updated us of the changes.

7. Updates of our PDPA Notice from time to time

We review and update this PDPA Notice from time to time to reflect the changes in law, business practices, procedures and structure. We ask that you obtain the latest version of our PDPA Notice by contacting us to ensure you are familiar with the most recent version. If we change our PDPA policy we will post the changes on this page, and place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times.

By disclosing your Personal Data to us, you agree and consent to us processing your Personal Data for the purposes stated herein including contacting you by letters, emails, text messages, cross-platform mobile messaging application (e.g. WhatsApp), telephone, facsimile or other modes of communication.

9. Language

In accordance with the law applicable, this PDPA Notice is issued in English and Bahasa Malaysia. In the event of any inconsistencies or discrepancies between the English and Bahasa Malaysia version, the former shall prevail.