Index

Privacy Policy

Effective as of: 21st of March 2023

This Privacy Policy describes the privacy practices of FloxDev, Inc. ("Flox", "we", "us" or "our") and how we handle personal information that we collect through our website at flox.dev (the "Site") and our web-based platform (the "Platform"), as well as through social media, our marketing activities, our live events and other activities described in this Privacy Policy. Flox is a platform designed to make it easier for developers to easily build software or manage development environments with Nix at any scale. Nix is an open-source package manager that allows developers to manage packages and environments as code. If you have concerns regarding personal information that we process on behalf of a business, please direct your concerns to that business.

If you are located in the European Economic Area (the "EEA") or the United Kingdom (the "UK"), please consult the Notice to European users below.

Personal information we collect

When you visit our Site, create an account on our Platform, or communicate with us, we may collect certain personal information about you. This section describes the types of personal information we may collect about you, and the ways in which we collect such information. Information you provide to us. We may collect the following types of personal information directly from you when you provide it to us through our Site:

Contact information, such as your first and last name, email address.
Account information , such as your GitHub handle, your company, the purpose for which you use Flox (personal, work), your preferred language(s), your location (i.e. city or country), and any other information that you add to your account profile.
Payment information, such as payment card information or bank account numbers
Communications information that we exchange with you, including when you contact us with questions or feedback, through the Site, Platform, social media, or otherwise.
Interaction information, such as your comments, and interactions with the other users of the Platform regarding your experience with the use of Nix.
Marketing information, such as your preferences for receiving our marketing communications and details about your engagement with them.
Other information not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Third-party sources. We may collect personal information from blog posts or discussion threads published on publicly available sources, including Google and social media platforms, and we may combine such personal information with information we receive directly from you.

Automatic data collection. If you visit our Site, we may automatically log the following types of information about you, your computer or mobile device, and your interactions over time with us:

Device and usage information, such as details about how you use our product, your computer's or mobile device's operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
Online activity data , such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Site, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access , and whether you have opened our marketing emails or clicked links within them.
Communication interaction data such as your interactions with our email, text or other communications on our Platform (e.g., whether you open and/or forward emails) - we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.

Cookies and similar technologies. Like many online services, some of our automatic data collection is facilitated by cookies and similar technologies. To learn more about how we use cookies and your control over these cookies, please see our Cookie Notice.

We may collect limited information about you through the following technologies:

Cookies , which are text files that websites store on a visitor's device to uniquely identify the visitor's browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences , enabling functionality, helping us understand user activity and patterns, and facilitating analytics and online advertising.
Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
Session-replay technologies, such as those provided by PostHog that employ software code to record users’ interactions with the Services in a manner that allows us to watch video replays of those user sessions. The replays include users’ clicks, mouse movements, scrolls [and keystrokes/key touches]* during those sessions. These replays help us diagnose usability problems and identify areas for improvement. You can learn more about PostHog at https://posthog.com/docs/privacy.

Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email address was accessed or opened, or that certain content was viewed or clicked.

These technologies are used for the following purposes:

Technical operation. To allow the technical operation of the Site, such as by remembering your selections and preferences as you navigate the Site.
Analytics. To help us understand user activity on the Site, including which pages are most and least visited and how visitors move around the Site, as well as user interactions with our emails. For example, we use Google Analytics for this purpose. You can learn more about Google Analytics and how to prevent the use of Google Analytics relating to your use of our sites here: https://tools.google.com/dlpage/gaoptout

How we use your personal information

For the personal information we collect about you as a controller, we may use such personal information for the following purposes or as otherwise described at the time of collection:

Service delivery. We may use your personal information to:

provide, operate, maintain and improve the Site, our Platform and our business;
facilitate the interaction between users of our Platform;
communicate with you, including by sending announcements, updates, security alerts, and support and administrative messages;
understand your needs and interests, and personalize your experience with the Site, the Platform and our communications; and
provide support for the Site or Platform, and respond to your requests, questions and feedback.

Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Site, the Platform and our business. As part of these activities, we may create aggregated, de-identified or anonymous data from personal information we collect. We may use this aggregated, de-identified or anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Site and promote our business.

Marketing. We may send you Flox-related marketing communications about our products, services or promotions that may be of interest to you. Our processing of your personal information for marketing purposes is based on our legitimate interest, or on your consent, or as otherwise permitted by law. You have the right to prevent direct marketing of any form at any time, this right can be exercised by following the opt-out link attached to each communication or by sending an email to privacy@floxdev.com.

Compliance and protection. We may use your personal information to:

comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
protect our, your or others' rights, privacy, safety or property (including by making and defending legal claims);
audit our internal processes for compliance with legal and contractual requirements or our internal policies;
enforce the terms and conditions that govern the Site or otherwise; and
prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

Cookies and similar technologies. We may use these for the purposes outlined in the "Cookies and similar technologies" section above.

Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

For the personal information we collect about you as a controller, we may share such personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection.

Affiliates. Our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers. Third parties that provide services on our behalf or help us operate the Site or our business (such as hosting, information technology, customer support, email delivery, marketing, and website analytics).

Payment processors. Any payment card information you use to make a purchase on the Platform is collected and processed directly by our payment processors.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us. Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transferees. Acquirers and other relevant participants in business transactions (or negotiations and diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Flox or our affiliates (including, in connection with a bankruptcy or similar proceedings).

Your choices for personal information we collect

For the personal information we collect about you as a controller, you have the following choices with respect to such personal information. Users who are located in the EEA or UK can find additional information about their rights in the Notice for European users below.

Access or update your information

If you have registered for an account with us, you may review and update certain account information by logging into your account.

Opt-out of marketing communications

You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.

Cookies

Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Site may not work properly. For more information about cookies and your control over these cookies, please see our Cookie Notice.

Do Not Track

Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" or similar signals. To find out more about "Do Not Track", please visit http://www.allaboutdnt.com or consult our Cookie Notice to understand how you can opt out of receiving cookies.

Declining to provide information

We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Other sites and services

The Site may contain links to third party websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions nor are they subject to this Privacy Policy. We encourage you to read the privacy policies of the other third party websites and mobile applications and online services you use.

How long do we keep your personal data

We apply a general rule of keeping personal information only for so long as is required to fulfil the purposes for which it was collected. However, in some circumstances, we will retain your personal information for longer periods of time. We will retain personal information for the following purposes: (i) as long as it is necessary and relevant for our operations and to provide our Site and Platform, e.g., so that we have an accurate record of your dealings with us in the event of any complaints or challenge; and (ii) to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our terms and take other actions as permitted by law.

Security

We employ technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information.

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may be different from those in your state, province, or country. Users in the UK and the EEA should read the important information provided in the Notice to European users below about transfer of personal data outside of the EEA and UK, as applicable.

Children

Our Site and Platform are not intended for use by children under 16 years of age. If we learn that we have collected personal information through our Site and Platform from a child under 16 without the consent of the child's parent or guardian as required by law, we will delete it. We encourage parents or guardians with concerns, or who believe that we might have personal information from or about a child under 16, to contact us.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on our Site. If required by law we will also provide notification of changes in another way that we believe is reasonably likely to reach you. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). We recommend that you check this Privacy Policy periodically for any updates or changes.

How to contact us:

Email: privacy@floxdev.com
Mail: Flox 1166 Avenue of the Americas, 9th Floor, 6th Ave, New York, 10036

Notice to European users

Where this Notice to European users applies. The information provided in this "Notice to European users" section applies only to individuals in the United Kingdom (UK) and European Economic Area (EEA) (together referred to as "Europe").

Personal information. References to "personal information" in this Privacy Policy should be understood to include a reference to "personal data" (as defined in the GDPR) – i.e., information about individuals from which they are either directly identified or can be identified. It does not include 'anonymous data' (i.e., information where the identity of individual has been permanently removed). The personal information that we collect from you is identified and described in greater detail in the section "Personal information we collect".

Controller

Flox is the controller in respect of the processing of your personal information covered by this Privacy Policy for purposes of European data protection legislation (i.e., the EU GDPR and the so-called "UK GDPR" (as and where applicable, the "GDPR"). See the How to contact us section above for our contact details.

Representatives. We have appointed the following representatives in the EEA as required by the GDPR – you can also contact them directly should you wish:

Our representative in the EEA. Our EEA representative appointed under the EU GDPR is the European Data Protection Office (EDPO). You can contact them:

By using EDPO's online request form: https://edpo.com/gdpr-data-request/
By writing to EDPO at: Avenue Huart Hamoir 71, 1030 Brussels, Belgium

Our representative in the UK. Our UK representative appointed under the UK GDPR is FloxDev, Inc. You can contact them:

By email to: privacy@floxdev.com
By postal mail to: Flox Dev UK Ltd, c/o The Briars Group Limited, Oak House, Tanshire Park, Shackleford Rd, Elstead, Surrey GU8 6LB

Our legal bases for processing

In respect of each of the purposes for which we use your personal information, the GDPR requires us to ensure that we have a "legal basis" for that use. Our legal bases for processing your personal information described in this Privacy Policy are listed below.

Where we need to perform a contract, we are about to enter into or have entered into with you ("Contractual Necessity").
Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests ("Legitimate Interests"). More detail about the specific legitimate interests pursued in respect of each Purpose we use your personal information for is set out in the table below.
Where we need to comply with a legal or regulatory obligation ("Compliance with Law").
Where we have your specific consent to carry out the processing for the Purpose in question ("Consent").

We have set out below, in a table format, the legal bases we rely on in respect of the relevant Purposes for which we use your personal information - for more information on these Purposes and the data types involved, see section How we use your personal information above.

Purpose	Categories of personal information involved	Legal basis
Service delivery	Contact information Sign-up information Account information Payment information Communications information Interaction information Device information	Contractual Necessity. Processing is necessary to perform the contract governing our provision of our services or to take steps that you request prior to signing up for the services. If we have not entered into a contract with you, we process your personal information based on our legitimate interest in providing the services you access and request.
Research and development	Any and all data types relevant in the circumstances	Legitimate interest. We have legitimate interest in understanding what may be of interest to our customers, improving customer relationships and experience, delivering relevant content to our customers, measuring and understanding the effectiveness of the content we serve to customers.
Direct marketing	Contact information Communication information Interaction information Marketing information	Legitimate Interests. We have a legitimate interest in promoting our operations and goals as an organisation and sending marketing communications for that purpose. Consent, in circumstances or in jurisdictions where consent is required under applicable data protection laws to the sending of any given marketing communications.
Compliance and protection	Any and all data types relevant in the circumstances	Compliance with Law. Legitimate interest. Where Compliance with Law is not applicable, we and any relevant third parties have a legitimate interest in participating in, supporting, and following legal process and requests, including through co-operation with authorities. We and any relevant third parties may also have a legitimate interest of ensuring the protection, maintenance, and enforcement of our and their rights, property, and/or safety.
Further uses	Any and all data types relevant in the circumstances	The original legal basis relied upon, if the relevant further use is compatible with the initial purpose for which the Personal Information was collected. Consent, if the relevant further use is not compatible with the initial purpose for which the personal information was collected.

Retention

We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for compliance and protection purposes. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information, we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If we anonymize your personal information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.

Other information

No sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership). If you provide us with any sensitive personal information to us, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our Site or Platform.

Your rights

General. European data protection laws give you certain rights regarding your personal information. If you are located in Europe, you may ask us to take the following actions in relation to your personal information that we hold:

Access. Provide you with information about our processing of your personal information and give you access to your personal information.
Correct. Update or correct inaccuracies in your personal information.
Delete. Delete your personal information where there is no lawful reason for us continuing to store or process it, where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons that will be notified to you, if applicable, at the time of your request.
Portability. Port a machine-readable copy of your personal information to you or a third party of your choice, in certain circumstances. Note that this right only applies to automated information for which you initially provided consent for us to use or where we used the information to perform a contract with you.
Restrict. Restrict the processing of your personal information, if, (i) you want us to establish the personal information's accuracy; (ii) where our use of the personal information is unlawful but you do not want us to erase it; (iii) where you need us to hold the personal information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to our use of your personal information but we need to verify whether we have overriding legitimate grounds to use.
Object. Object to our processing of your personal information where we are relying on legitimate interests (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedom – you also have the right to object where we are processing your personal information for direct marketing purposes.
Withdraw Consent. When we use your personal information based on your consent, you have the right to withdraw that consent at any time. This will not affect the lawfulness of any processing carried out before you withdraw your consent.

Exercising These Rights. To exercise any of these rights, please contact us using the contact details provided above. We may request specific information from you to help us confirm your identity and process your request. Whether or not we are required to fulfill any request you make will depend on a number of factors (e.g., why and how we are processing your personal information), if we reject any request you may make (whether in whole or in part) we will let you know our grounds for doing so at the time, subject to any legal restrictions.

Your Right to Lodge a Complaint with your Supervisory Authority . In addition to your rights outlined above, if you are not satisfied with our response to a request you make, or how we process your personal information, you can make a complaint to the data protection regulator in your habitual place of residence.

For users in the European Economic Area – the contact information for the data protection regulator in your place of residence can be found here: https://edpb.europa.eu/about-edpb/board/members_en.
For users in the UK - the contact information for the UK data protection regulator is below: The Information Commissioner's Office

Water Lane, Wycliffe House
Wilmslow - Cheshire SK9 5AF
Tel. +44 303 123 1113
Website: https://ico.org.uk/make-a-complaint/

Data Processing outside Europe

We are a US-based company and many of our service providers, advisers, partners or other recipients of data are also based in the US This means that, if you use the Site and/or Platform, your personal information will necessarily be accessed and processed in the US It may also be provided to recipients in other countries outside Europe.

It is important to note that that the US is not the subject of an 'adequacy decision' under the GDPR – basically, this means that the US legal regime is not considered by relevant European bodies to provide an adequate level of protection for personal information, which is equivalent to that provided by relevant European laws.

Where we share your personal information with third parties who are based outside Europe, we try to ensure a similar degree of protection is afforded to it by making sure one of the following mechanisms is implemented:

Transfers to territories with an adequacy decision. We may transfer your personal information to countries or territories whose laws have been deemed to provide an adequate level of protection for personal information by the European Commission or UK Government (as and where applicable) (from time to time).
Transfers to territories without an adequacy decision. We may transfer your personal information to countries or territories whose laws have not been deemed to provide such an adequate level of protection (e.g., the US, see above). However, in these cases:
we may use specific appropriate safeguards, which are designed to give personal information effectively the same protection it has in Europe - for example, standard-form contracts approved by relevant authorise for this purpose; or
in limited circumstances, we may rely on an exception, or 'derogation', which permits us to transfer your personal information to such country despite the absence of an 'adequacy decision' or 'appropriate safeguards' - for example, reliance on your explicit consent to that transfer.

You may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of Europe.