TERMS OF SERVICE

Welcome to Flite. Flite operates the Flite Platform as a hosted media platform enabling individual and business advertisers to create dynamic, rich, visual applications for advertising, social media, and brand related purposes. By using the Flite Platform you (“Client”) agree to these terms of service (“Agreement”) between you and Flite, Inc. (“Flite” or “we”).

You can accept the Agreement by:

• clicking to accept or agree, where this option is made available to you by Flite in the user interface for access to the Flite Platform website;
• using the Flite Platform. You understand and agree that Flite will treat your use of the Flite Platform as acceptance of these terms, as may be amended from time to time, from that point onwards; or
• entering into an Order Form with Flite, which is governed by this Agreement.

 

1. DEFINITIONS

• “Application(s)” means dynamic rich visual advertising product for use with social media and brand development created using the Flite Platform.
• “Client” means the contracting party and its affiliates, directors, employees, and any customers that authorize the contracting party to enter into this Agreement on its behalf for the purpose of advertising.
• “Client Site” means any website owned, controlled, or operated by Client or on which Client otherwise has the right to place advertising.
• “Client Content” or “Content” means any data, information, content, or materials provided by Client for use in connection with creation of Applications or otherwise used in connection with the Flite Platform or Services.
• “Cookie(s)” means any cookie, pixel, beacon, or similar Internet tracking mechanism.
• “Intellectual Property” means patent rights (including without limitation patent applications and disclosures), copyrights, trademarks, trade secrets, moral rights, business methods, know-how, and any other intellectual property or proprietary rights, recognized in any country or jurisdiction in the world.
• “Permitted Uses” mean the following exhaustive list of permitted uses of Visitor Data: uses necessary to (i) perform Flite’s obligations to Client under this Agreement, (ii) generate reports of anonymous, platform-wide statistics for use in analyzing and enhancing Flite Platform, including network performance and reliability, and (iii) comply with disclosure requirements imposed by court order, law, or governmental or regulatory agency.
• “Visitor” means any end user who views, clicks or otherwise has access to a Client Application through a computer or any other device, including mobile telephones, an automated process, use of software or otherwise.
• “Visitor Data” means (i) clicks and actions for each delivered Application, timestamps of advertising Impressions, webpage and website identification numbers, IP addresses, referring URLs, user agent strings, browser, and http header data; (ii) data about a Visitor collected using Cookies that identifies the Visitor and the Visitor’s online activity, including details of pages or objects on a Client Site that the Visitor has clicked on, searches conducted by the User, and the brand, content, and context on the Client Site viewed by the Visitor; and (iii) any other data that can be attributed to a Visitor’s computer or device, in any medium or format, including, without limitation, Cookies or any other identifiers. Visitor Data does not include any personally identifiable information.
• “Impressions” mean the number of times Client’s Application is displayed, whether it is clicked on or not.
• “Flite Platform” or “Platform” means all technology, software, and websites making up the Flite hosted media platform and owned by Flite, including the Flite Application Programing Interface (API), that enables Client and its Users to create Applications for Visitors.
• “Order Form” means a work order or any other writing executed by Client and Flite, including statement of works or otherwise, describing the Services, Client obligations, associated fees, and any additional terms, which shall reference this Agreement and be incorporated herein.
• “Services” means online services delivered or made available by Flite via the Platform and any other ancillary professional services to be delivered by Flite, if any, as set forth in an applicable Order Form including Open Access.
• “Users” mean individuals or companies who are expressly or impliedly authorized by Client to use the Platform or Services.

 

2. SERVICES AND LICENSE GRANT

• Services. Subject to the terms and conditions of this Agreement and the execution of an Order Form, Flite shall provide Client with the Services as described in the Order From and grants Client a limited, non-exclusive, non-transferable right to use Flite Platform during the Term. Client agrees that the license to the Platform is not contingent on the delivery of any future functionality or features the may be offered by Flite. Client understands that Flite may modify or discontinue certain features of the Flite Platform and/or Service in order to improve or replace such functionalities.
• Limited License for “Open Access” to Flite Design Studio. In the event Client has not entered into an Order Form, Flite grants Client a limited, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use and access the Flite Platform to develop Applications for use by Client in connection with the Flite Platform (“Open Access”) subject to the following:
  • Client may not distribute Applications via an ad serving system.
  • Flite guarantees no technical support outside of the technical documentation provided at http://help.flite.com.
  • Flite reserves the right to discontinue or alter the terms of Open Access at any time in its sole discretion.
• Flite Mark. Flite owns all right, title and interest in and to the Flite trademarks. Client may only use the trademark “Flite” to denote that Client’s Application is “powered by Flite.” All use by Client of the Flite trademark will inure to the exclusive benefit of Flite. Flite shall have the right, in its sole discretion, to disapprove Client’s use of the Flite trademark.
• Third Party Content. The Flite Platform may include the option to purchase certain third party plug-ins or to link to third party sites (“Third Party Content”). Client acknowledges and agrees that Flite is not responsible for such Third Party Content and makes no representations or warranties regarding Third Party Content.
• Maintenance. Flite may, from time to time and in its sole discretion, make maintenance releases of the Flite Platform which may also include third party services. In the event Flite implements, at its option, such maintenance releases as part of the Flite Platform, Client hereby agrees to such implementations. Flite is under no obligation to provide any support under this Agreement, including upgrades or future versions of the Flite Platform, unless otherwise agreed to in writing. Flite may, in its sole discretion, may modify or discontinue certain features to improve functionality of the Flite Platform.

 

3. CLIENT CONTENT

Client retains all Intellectual Property rights and any other rights Client already holds in the Client Content. Subject to the terms of this Agreement, Client grants Flite a worldwide, royalty-free and non-exclusive license to Flite to display, distribute, and adapt the Client Content solely in order to provide the Services.

 

4. OWNERSHIP

• Flite Rights. All rights, title and interest in and to the Platform and all underlying software and technology, and all Intellectual Property rights therein, including any derivative works, modifications, or additions to, and any accompanying printed materials, are and at all times remain the exclusive property of Flite. No provision of this Agreement affects any transfer to Client of any ownership interest therein. The licenses set forth in this Agreement confer neither title to, nor ownership in, the Platform and are not a sale of any rights therein.
• Client Rights. All rights, title and interest in and to the Client Content and all Intellectual Property rights therein, are and at all times remain the exclusive property of Client. All Client Content provided or developed by Client under this Agreement is, and at all times will remain, the exclusive property of Client or its respective owners, and no provision of this Agreement affects any transfer to Flite of any ownership interest therein.

 

5. FEES AND INVOICES

Client shall pay all fees specified in all applicable Order Forms hereunder. Flite will invoice Client for Services in accordance with the relevant Order Form and such charges are due upon receipt of invoice as stated on the Order Form. Client is responsible for providing complete and accurate billing and contact information to Flite and notifying Flite of any changes to such information. Flite has the right to immediately terminate this Agreement in the event Client fails to pay fees timely. If Flite incurs additional reasonable costs (including but not limited to reasonable attorney fees) in an attempt to recover fees owed, Client will pay such costs and reasonable interest fees. The foregoing rights are in addition to other rights and remedies, which may be available to Flite for non-payment of fees. Flite invoices shall be considered final and conclusive.

 

6. CONFIDENTIALITY

• Any information disclosed by one Party to the other in connection with this Agreement, whether disclosed in writing, orally or by inspection, and which is identified in writing as being “Confidential” or “Proprietary,” or by the nature of the circumstances surrounding the disclosure should reasonably be treated as proprietary or confidential, shall be deemed “Confidential Information.” Flite and Client hereby acknowledge and agree the CPM rate and other fees under this Agreement or accompanying statements of work constitute Confidential Information. Both Parties shall maintain all Confidential Information in strict confidence and shall only disclose such Confidential Information to those of its employees who have a need to know such Confidential Information in furtherance of the performance of obligations under this Agreement and who are bound to confidentiality. Each Party shall use all reasonable means necessary to protect Confidential Information. For a period of three (3) years from the date of disclosure of such Confidential Information, neither Party may disclose any Confidential Information to any third party without the other Party’s prior written approval.
• Notwithstanding the foregoing, neither party shall have confidentiality obligations with respect to information that: (i) is or has become publicly available without restriction through no fault of the receiving Party or its employees or agents; (ii) was rightfully in the possession of the receiving Party without restriction prior to its disclosure by the disclosing Party; (iii) becomes available to the receiving Party on a non-confidential basis from another source, provided that such source is not and was not bound by a confidentiality agreement or otherwise prohibited from transmitting such information by contractual, legal or fiduciary obligation, or (iv) is independently developed by the receiving Party.
• Further, a Party may disclose Confidential Information as required to be disclosed by court order or law. If a Party receives a demand in a legal proceeding that would require the Confidential Information of the other Party to be disclosed, the receiving Party shall immediately notify the other Party of the demand and reasonably assist the other Party in obtaining a protective order or other relief before such disclosure, at the Disclosing Party’s expense. Each Party’s obligations with respect to Confidential Information shall survive the termination or expiration of this Agreement for any reason.

 

7. RESTRICTIONS

• Client agrees that Client will not itself or allow any third party to: (i) reverse assemble, reverse compile, or reverse engineer the Platform or the Services or their underlying software, or otherwise attempt to discover any software source code or underlying proprietary information; (ii) remove, efface or obscure any copyright notices, logos, or other proprietary notices or legends (whether Flite, its partners’, or any third party’s) from any Flite materials; (iii) generate automated or fraudulent Impressions or clicks of advertisements on the Flite Platform or through the Services; (iv) use any automated means, including without limitation, agents, robots, scripts or spiders, to access or bypass the Flite Platform or Services to interfere or attempt to interfere with the proper working of the Flite Platform or Services; (v) submit any Content that contains malicious code; collects, reads or stores user information; or interacts with the Flite Platform for any purpose other than the configuration of that Content; (vi) submit any Content that is unlawful, harmful, violent, threatening, defamatory, obscene, infringing, harassing, offensive, or discriminatory; (vii) otherwise use the Platform or Services in any manner which adversely affects Flite or its customers, their data or security, or seek to access the data of any third party without Flite’s prior written authorization; or (viii) use flash Cookies or HTML5 local storage that exploits Visitors’ browsers and software in a way that such Visitors do not reasonably expect, including but not limited to recreating tracking cookies that have been deleted by the Visitor. Client will comply with all applicable laws, restrictions, and regulations of all governmental authorities of the United States and any applicable foreign jurisdiction.
• Without prejudice to any other right or remedy, Flite may immediately suspend Client’s access to the Platform or any portion thereof if Flite believes that Client has failed to comply with this Section 7 (Restrictions) or is using the Platform in a manner that violates any applicable law or regulation, or would otherwise damage Flite’s customers, business, or reputation.

 

8. TERM AND TERMINATION

• Term. Unless otherwise agreed to in an Order Form, this Agreement will begin upon acceptance of this Agreement noted above or as of the date the first Order Form is placed with Flite, whichever is earlier, and shall continue for the term stated in the Order Form (“Term”). Notwithstanding, in the event there is an outstanding Order Form in effect, or if Client is otherwise utilizing the Flite Platform or Services, this Agreement shall govern. In the event Client is using the Platform as a Trial Account, this Agreement shall govern for as long as the Client is utilizing the Platform or Services, and Client understands that Flite has the ability to terminate such Trial Account at any time unless otherwise agreed.
• Termination. Flite may suspend performance and/or terminate this Agreement immediately, in whole or in part: (i) if Client breaches any term or condition of the Agreement and fails to cure such breach within thirty days after receiving written notice thereof; (ii) if Client becomes insolvent or makes any assignment for the benefit of creditors or similar transfer evidencing insolvency, or suffers or permits the commencement of any form of insolvency or receivership proceeding, or has any petition under bankruptcy law filed against it; or (iii) if Client fails to pay fees in a timely manner.
• Effect of Termination. Upon any termination or expiration of this Agreement, all rights and licenses herein will terminate and all fees owed to Flite shall be paid immediately. Section 4, 6, 7, 9, 10, 11, 12, 14, 17, 18 and 19 shall survive termination of this Agreement along with any other section that may be reasonably deemed to survive such termination.

 

9. REPRESENTATIONS AND WARRANTIES

• Each Party to this Agreement represents and warrants to the other Party that: (i) such Party has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder, and (ii) when executed and delivered by such Party, this Agreement will constitute a legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms.
• Client represents and warrants that: (i) the Client Content does not and will not infringe third-party Intellectual Property rights, rights of publicity or privacy, or contract rights; (ii) Client has authority to license the Client Content to Flite as provided in this Agreement; (iii) Client is responsible for all third parties engaged by Client to create Applications, or otherwise access the Platform, and will ensure that such third parties, including independent contractors, agents, and affiliates, comply with this Agreement and the Flite Terms of Service; and (iv) Client complies with all applicable data, privacy, and security laws and standards, including current Online Behavioral Advertising Principles issued by the Federal Trade Commission, and provides its Visitors with proper notices and disclosures of how Visitor information (including Visitor Data) that is collected through the Flite Platform is used and obtaining the Visitors’ consent to such use.

 

10. INDEMNIFICATION

Client agrees to defend, indemnify, and hold harmless Flite and its affiliates, and respective directors, officers, employees, agents, successors, and assigns, from and against any liabilities (including but not limited to reasonable attorneys’ fees incurred) related to or arising out of any third-party allegation or claim based on (i) any breach of any of this Agreement by Client; (ii) use of the Visitor Data or any personally identifiable information of Visitors by Client; (iii) unauthorized acts of Client’s Users in violation of this Agreement; or (iv) any violation or alleged violation of applicable law or standards in relation to activities contemplated by this Agreement.

 

11. DISCLAIMER OF WARRANTY AND LIMITATIONS ON LIABILITY

• IN NO EVENT SHALL FLITE OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO THE OTHER PARTY FOR (I) ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS OR LOSS OF GOODWILL) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER UNDER TORT, CONTRACT, OR OTHER THEORIES OF RECOVERY EVEN IF THE OTHER PARTY WAS OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY DIRECT DAMAGES IN EXCESS OF THE AMOUNT PAID BY CLIENT TO FLITE UNDER THIS AGREEMENT DURING THE IMMEDIATE PRECEDING THREE (3) MONTHS FROM THE DATE IN WHICH THE CLAIM AROSE. ALL CLAIMS MUST BE MADE NO LATER THAN ONE YEAR FROM THE DATE OF OCCURRENCE OR SUCH CLAIMS ARE EXPRESSLY WAIVED.
• NO WARRANTY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE FLITE PLATFORM, SERVICES AND ANY MATERIALS OR OTHER PLATFORM PROVIDED BY OR ON BEHALF OF FLITE PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND FLITE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AS TO THE QUALITY OF THE FLITE PLATFORM, SERVICES OR ANY ASSOCIATED PRODUCTS, THE EFFECT THE PLATFORM OR SERVICES MAY HAVE ON CLIENT’S BUSINESS, THIRD PARTY CONTENT, NON-INFRINGEMENT, TIMELINESS, NON-INTERRUPTION, MERCHANTABILITY, INTEGRATION, OR FITNESS FOR ANY PARTICULAR PURPOSE. CLIENT UNDERSTANDS THAT FLITE IS NOT RESPONSIBLE FOR CLIENT CONTENT OR THIRD PARTY CONTENT AND IS UNDER NO OBLIGATION TO MAINTAIN CLIENT’S WEBSITE OR ANY THIRD PARTY WEBSITE.

 

12. NOTICES

Except as explicitly stated otherwise, legal notices shall be served on Flite at the following address:

Flite, Inc.
ATTN: Legal Department
23 Geary Street
7th Floor
San Francisco CA 94108

Notice shall be given to Client at the email address Client provides to Flite during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the Flite is notified that the email address is invalid. Alternatively, Flite may give Client legal notice by mail to a postal address, if provided by Client through the Flite Platform or on an applicable Order Form. In such case, notice will be deemed given three days after the date of mailing.

 

13. ASSIGNMENT

Client may not assign all or any of its rights under this Agreement without the prior written consent of Flite.

 

14. SEVERABILITY/NO WAIVER

If a court of competent jurisdiction finds any term of this Agreement unenforceable, that term will be deleted and modified to effect the parties’ intent in accordance with the law, and all other terms will continue in full force. No provision of this Agreement may be waived unless in writing, and no waiver of one provision of this Agreement shall be deemed to be a waiver of any other provision.

 

15. FORCE MAJEURE

Flite will not be liable for any failure to perform due to unforeseen circumstances or causes beyond Flite’s reasonable control, including acts of God, war, government intervention, riot, embargoes, acts of civil or military authorities, earthquakes, hacker attacks, fire, flood, accident, strikes, and the inability to secure transportation, facilities, fuel, energy, third party services, labor or materials.

 

16. RELATIONSHIP OF THE PARTIES

Neither Party hereto will be deemed the agent or legal representative of the other for any purpose whatsoever and each Party will act as an independent contractor with regard to the other in its performance under this Agreement. Nothing herein will authorize either Party to create any obligation or responsibility whatsoever, express or implied, on behalf of the other or to bind the other in any manner, or to make any representation, commitment or warranty on behalf of the other.

 

17. GOVERNING LAW & VENUE

This Agreement shall be governed by the laws of the state of California, without regard to the conflicts of law provisions or principles of such jurisdiction. Any action or proceeding arising out of or relating to this Agreement shall be commenced and litigated to conclusion only in a state or federal court located in San Francisco, California, and the Parties agree that such courts shall have exclusive jurisdiction over all actions arising under this Agreement.

 

18. ENTIRE AGREEMENT

This Agreement, together with any applicable Order Forms and the Flite Privacy Policy, is the entire Agreement of the parties and supersedes any prior agreements between them, whether written or oral, with respect to the subject matter hereof. This Agreement may only be modified, amended or supplemented by a written document signed by authorized signatories of both parties.

 

19. PRIVACY

Client agrees that it has read, understands and agrees to the terms of the Flite Privacy Policy found at http://www.flite.com/privacy-policy/, which is incorporated herein by reference. Client shall post a privacy policy for its Visitors in compliance with all applicable laws and best practice standards as provided herein.

 

Last Updated: August 28, 2014

×

PRIVACY POLICY

This privacy policy has been updated recently, in order to be more consistent with the latest Web privacy standards and safe Internet advertising practices, as well as to reaffirm Flite's commitment to keeping your data private. These changes are unlikely to impact your day-to-day experience with the Flite platform.

Flite, Inc. (“Flite” or “We”) understands that you value your privacy, either as the viewer of a Flite advertisement or browser of a Flite website (“User”) or as a Flite customer who runs Flite Ad Products , registers as a Flite customer or contributes technology to the Flite Platform (“Customer”) (collectively referred to as “you”). At Flite, we want to make your experience online satisfying and safe. This policy governs information that you provide to us or that we learn from your use of our web site, flite.com (referred to as “the Site”), or from advertisements using the Flite platform on other sites (“Flite Ad Products”). This policy describes how we may collect, use, and in some instances share this information.

PERSONALLY IDENTIFIABLE INFORMATION (PII)
PII is information that identifies you or can be used to identify, contact, or locate you. This includes, but is not limited to, your name (i.e., first name or initial and last name), home or business address, email address, telephone number, and debit or credit card information such as the credit card number, card verification value, or billing address.

We respect your privacy. We only collect PII through optional, voluntary submissions, such as email, survey information, and online registration forms. The types and amount of personal information collected from these activities will vary depending on the activity, but in no event will we collect PII that is not voluntarily given by you.

NON-PERSONALLY IDENTIFIABLE INFORMATION (NON-PII)
We may collect Non-PII while you are visiting the Site or using Flite Ad Products. This anonymous data includes your IP address, web pages which have been viewed by you on our Site, click-throughs, and your interactions with Flite Ad Products.

This type of information may be collected using different types of technologies, which can be summed up into two categories – usage tracking and browser cookies. We discuss each of these below.

USAGE TRACKING
We track Non-PII product usage data and user traffic patterns throughout the Site to improve the content of our Site and the quality of our service. In addition, we track click-through information, including IP addresses, to our Site from the reports and emails we send to our Customers. This is done to gauge the effectiveness of our marketing campaigns and to monitor use of our Site.

Flite Ad Products also collect a wide array of User engagement data, including content navigation, scrolls, video plays, mouse hovers, etc. The information in these reports is in the aggregate, and cannot be used to identify anyone personally.

COOKIES
A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from our website and stored on your computer’s hard drive. You have the ability of deleting cookies on your computer should you so wish (See Opt-Out).

The Site uses browser cookies to record current session information. If you choose the ‘remember me’ option, you are issued a permanent cookie. A permanent cookie is one that remains on the hard drive after the browser application has been closed. Flite Ad Products use browser cookies for ad frequency throttling and User counting. Flite browser cookies do not track users outside of Flite Ad Products. Flite does not share any cookie information with third parties.

OPT-OUT OF COOKIES
You can choose to remove cookies stored by us from your computer, or to prevent us from storing cookies on your computer in the first place. Flite cookies will appear in your browser as coming from one of the following domains: flite.com, widgetserver.com, wbx.me, and/or flite.me. Most browsers are set to automatically accept cookies. However, most modern browsers can also be configured to decline cookies, and allow you to delete existing cookies. Consult your browser’s documentation, typically available through the “Help” menu on the toolbar, for instructions on how to prevent the browser from accepting new cookies, how to delete cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you choose to decline cookies, you may not be able to use or access some of the interactive features offered on the Site or by some Flite Ad Products. For assistance with removing cookies or limiting communications from us, please email us at support@flite.com.

FLITE’S USE OF INFORMATION, TRANSFER AND SHARING POLICIES
Flite uses your information in various ways, as outlined below.

PII: Flite collects PII only when you choose to provide it to us. PII is treated/used differently in different instances, as described below.

• PII Flite collects on the Site: We may collect PII voluntarily submitted by you through the Site when, for example, you register on the Site. Some common uses of this PII include identification and authentication, billing, and contacting Customers with notifications and/or product emails. We may combine this PII with Non-PII and use it to better target content and to create a more relevant experience for each Customer and User on the Site. For example, we may use the Customer login name (PII) and connected browsing history (non-PII) to send better directed marketing emails to interested Customers. The PII we collect on the Site is not shared with Flite Customers or Users, and we only use this information for our internal marketing purposes.
• The PII Flite collects through Flite Ad Products:PII may be collected through a Flite Ad Product created by a particular Customer and is collected solely for the benefit of the Customer. For example, when a Customer creates a Flite Ad Product, they may opt to include a standard registration form in the ad that collects User PII that a User may voluntarily submit. This PII may be stored on Flite’s servers and the Customer will have access to this PII via their Flite login.

Non-PII: Flite collects non-PII information on the Site and through Flite Ad Products. Flite uses your non-PII for two main purposes:

• To better target content to Users and to create a more relevant experience for each Customer or User on the Site and in Flite Ad Products.
• To provide aggregate reporting to Customers, for our internal purposes, or to other third parties for marketing, analytic and advertising purposes. Such aggregate reporting does not identify you personally, and only identifies reporting statistics, such as number of persons to click on an Ad Product over a certain period of time.

We may provide PII and non-PII to trusted businesses or persons for the purpose of processing information on our behalf. These third parties are bound to keep your PII and Non-PII confidential. We do not otherwise share PII or non-PII with third parties unless doing so is appropriate to carry out your request or we reasonably believe that doing so is legally required or necessary to protect your rights or those of Flite and our Customers.

Notwithstanding the foregoing, Flite’s Privacy Policy does not apply to, and we cannot fully control how, third parties use your information. Accordingly, we cannot be held responsible for Customers’ use or other third parties’ use of your PII or Non-PII. For example, certain third parties that provide services to help deliver Flite Ad Products may directly collect and store User PII for the benefit of the Customer and Flite does not have control over such third party use.

If we should ever file for bankruptcy or have our assets sold to or merge with another entity, information we receive from you from this Site is a Flite asset and may be transferred.

CHILDREN
Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly collect PII from anyone under the age of 13 without requiring parental consent. Any person who provides their personal information to us through this website represents that they are 13 years of age or older.

INTERNATIONAL VISITORS AND CUSTOMERS
This web site is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and by providing your personal data you consent to:

• The use of your personal data for the purposes identified above in accordance with this Privacy Policy; and
• The transfer of your personal data to the United States as indicated above.

 

SECURITY
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you provide information at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use secure server software (SSL) and firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, this is not a guarantee that such information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. To the extent permitted by law, we hereby disclaim any liability related to a security breach or loss of your information.

If we learn of a security systems breach, we will adhere to all applicable security laws. We may attempt to notify you electronically so that you can take appropriate protective steps. By using this web site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this Site. We may post a notice on our web site if a security breach occurs or may send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach mailed to the address provided by you or to withdraw your consent from receiving electronic notice, you should notify us by sending an email to support@flite.com or by mailing to 23 Geary Street, 7th Floor, San Francisco CA 94108.

CHANGES AND UPDATES
We may amend this Privacy Policy at any time. When we do, we will also revise the “last updated” date on the Privacy Policy. Any such amendment to this Privacy Policy will be effective upon our posting of the revised Privacy Policy. Be sure to periodically review our Privacy Policy to stay informed about how we use information we collect from you. Your continued use of the Site or Flite Ad Products constitutes your agreement to this Privacy Policy and any updates.

CONTACTING FLITE
For questions, comments, or concerns about this Privacy Policy, to update your PII, or for assistance with removing cookies or limiting communications from us, please email us at support@flite.com.

Last Updated: August 28, 2014

×