Welcome to Flash Apps by Fluorescent (Formerly Obsidian)

This Privacy Policy (the “Privacy Policy”) explains how Fluorescent Design Inc. or Flash Apps, (“we”, “us” or “our”), collects, uses, discloses and retains personal information that you (“you” or “your”) provide to us or which we otherwise collect from you when you access and use our website (the “Site”), mobile application (the “App”), and the products and services accessible therefrom (collectively, with the Site and the App, the “Services”).

BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, DO NOT ACCESS AND USE THE SERVICES.

  1. Collection and Use.  For the purposes of this Privacy Policy, “Personal Information” means information that can be used to identify you (e.g., name, age, address, phone number). The following describes the Personal Information that we collect, and why and how we collect it:
    1. What?  Personal Information that we collect may include, without limitation: (i) your full name, email address and business name; and (ii) usage information pertaining to your use of the Services (e.g., how long you stayed on our Site, what pages you looked at, what buttons you clicked).
    2. Why?  We may collect your Personal Information for the following purposes (the “Purposes”): (i) to provide the Services to you, including providing support services to you with respect to our Services, and notifying you about new product and service offerings from us; (ii) to conduct internal reviews and improvements relating to the Services; and (iii) to carry out any other purpose which is disclosed to you and for which you consent, or is otherwise permitted by applicable law.
    3. How?  We may collect Personal Information from you, and any devices you use, through: (i) your access and use of the Services (e.g., when you volunteer Personal Information to us by subscribing to our newsletters); (ii) our use of cookies and similar technologies to track and analyze user activity; and (iii) our use of web analytics services. We may also collect Personal Information from third parties. We will protect any Personal Information we receive according to the practices described in this Privacy Policy, plus any additional restrictions imposed by the source of the Personal Information and applicable laws. We only collect and use Personal Information to the extent necessary to fulfill the Purposes.
  2. Disclosure.  We may disclose Personal Information as follows:
    1. Why?  We may disclose Personal Information: (i) to third-party service providers in order to help us fulfill the Purposes (e.g., web analytics services); (ii) to affiliates or third parties in the event of a proposed reorganization, merger, transfer or other disposition of all or any portion of our business, assets or equity, subject in each case to customary confidentiality agreements; and (iii) to the extent disclosure is required or permitted by applicable law.
    2. How?  We only disclose Personal Information to the extent necessary to fulfill the Purposes, or as otherwise provided in this Privacy Policy. We take reasonable measures to ensure that the rules set forth in this Privacy Policy are complied with when we disclose Personal Information to third parties. This may include, without limitation, obtaining contractual guarantees from third parties to implement appropriate technical and organizational measures in accordance with applicable law. Personal Information may be stored and processed in any country where we have facilities or in which we engage third party service providers. By using our Services, and/or otherwise providing us your Personal Information, you consent to the transfer of your Personal Information to countries outside of your country of residence. While such information is outside of Canada it is subject to the laws of the country in which it is held, which may have different Personal Information protection laws, and may be subject to disclosure to the governments, courts, law enforcement or regulatory agencies of such other country.
  3. Consent.  We will not process your Personal Information without your consent, unless we are permitted or required to do so by applicable law. Your consent may be express or implied, depending on the nature and sensitivity of the Personal Information, your reasonable expectations, and the circumstances surrounding the collection of the Personal Information. Express consent is when you willingly agree (e.g., orally or in writing) to the processing of your Personal Information for particular purposes. Implied consent is when: (a) you do not expressly give consent, but you volunteer Personal Information for obvious purposes that a reasonable person would consider appropriate in the circumstances; or (b) you are given notice and a reasonable opportunity to opt-out of your Personal Information being processed for specified purposes, and you do not opt-out.
  4. Retention.  We will retain your Personal Information as long as necessary to: (a) fulfill the Purposes; (b) protect our legal rights; and (c) comply with applicable law. We will securely delete or anonymize the Personal Information once it is no longer necessary for us to hold it. We are not responsible for any liability or loss you experience as a result of any such disposal of Personal Information.
  5. Security.  We utilize commercially reasonable security procedures and practices appropriate to the nature of the Personal Information we collect, use and store. We do this to minimize the risks of loss, misuse, unauthorized access, disclosure and alteration of Personal Information. However, no method of storage or transmission over the Internet is 100% secure. Therefore, we cannot guarantee its absolute security.
  6. Rights.  You have certain rights relating to your Personal Information, subject to applicable law, including without limitation: (a) the right to withdraw your consent to the processing of your Personal Information at any time (but please note that withdrawing your consent to the processing of Personal Information may impact your ability to use the Services); (b) the right to make a complaint regarding the processing of your Personal Information; (c) the right to a copy of your Personal Information; and (d) the right to correction of your Personal Information. If you would like to exercise any applicable rights, please contact us as set out below.
  7. Anonymized Data.  We collect anonymized data on orders made through our Services in order to better understand purchasing behavior. This helps merchants using our Services to market and sell their products and services. For the purposes of this Privacy Policy, Personal Information does not include anonymized data which cannot be used to identify a particular individual, whether in combination with other information or otherwise.
  8. General.  We may modify this Privacy Policy at any time by posting the modified version to the Site, so please review it periodically. By continuing to use the Services after any modification, you agree to be bound by the modified Privacy Policy. This Privacy Policy is governed by the laws of British Columbia. If you have any questions about this Privacy Policy, please contact us at: hello@fluorescent.co.