Privacy Policy

General Overview

Website Privacy Policy – Scope

This is the Privacy Policy (this “Privacy Policy”) of Flexion, Inc. Some of our other sites and services have their own policies, and there is more information about how to find these policies below. This Privacy Policy describes and informs you of how Flexion, Inc. (“Flexion,” “we,” “our,” “us”) collects, uses, processes, and shares your personal information and other information when you use our U.S.-based website services, products, and content (collectively referred to as the “Services”), visit or make a purchase on our U.S.-based website, visit or talk to us on our U.S.-targeted social media pages, contact our customer service agents, open our ads, receive or open our emails or text messages, sign up for events, apply for open career opportunities, or otherwise interact or communicate with us related to any of these Services. It also has information regarding how we store, use, transfer, and delete that information.

By using the Services from wherever in the world you are located, you consent to our data practices set forth herein (and, if applicable in any particular cases, to any other privacy notice provided at the point of collection, which collection notice will prevail if different from this general Privacy Policy). Flexion will not sell, rent, exchange, or share personal information with any third-parties without your permission or except as described in this Privacy Policy.

What information do we collect?

Flexion collects both personally identifiable information and non-personally-identifiable information (collectively “personal information”) that you provide to us or to a third-party acting on our behalf.

The types of information Flexion collects include:

• Your name and contact information, including your email address
• Information you provide voluntarily (e.g. when you apply to open positions or include a request for specific assistance or questions)
• Our website uses cookies to understand how people use our website in order for us to improve our website and to collect site analytics

Additionally, the types of personal information we collect directly from you may include, but are not limited to name, address, telephone number, email address, website domain, IP address, and general location information. We also may collect, with your permission, demographic information, and any email requests or questions you submit to us in the “Contact Us” section of our website.

How do we collect your information?

You directly provide Flexion with most of the data we collect. We collect data and process data when you:

• Leave your contact information in the “Contact Us” section of our website
• Apply for open positions through SilkRoad Technology, Inc. (“SilkRoad”), which is the applicant tracking system utilized by Flexion. Please refer to the SilkRoad Privacy Policy for more information on how they handle your information
• Use or view our website via your browser’s cookies

We collect and process your personal information when necessary to provide you with the Services that you have requested, where we have obtained your prior consent, or where we have a legitimate interest to do so. For example, we may have a legitimate interest to process your personal information for security, testing, maintenance, and enhancement purposes of the services we provide to you, or for analytics, research, and reporting purposes. Without your personal information, we cannot provide you with the Services that you have requested or you may be limited in your use of the Services.

How do we use your information?

These are the main reasons why we collect and use your information:

• Respond to your request for specific assistance or questions
• Communicate with you regarding open positions that you have applied for
• To provide, test, promote, and customize Flexion’s Services
• To generate aggregate, non-identifying information about how people use Flexion’s Services
• To conduct marketing analysis and send you communications when we have your permission or when permitted by law
• To enable us to show advertising on our site(s)
• To communicate with you generally
• To respond to your inquiries, resolve your problems and concerns, and for other customer service purposes
• To distinguish you from other users
• To fight spam and other forms of abuse
• To measure traffic and the effectiveness/success of our ad campaigns and other Services
• To assist us in advertising our Services on third-party websites, mobile apps, and other online services, and provide you with a better, more personalized experience
• To comply with legal obligations, as part of our general business operations, and for other business administration purposes
• To facilitate arrangements we have with business partners
• For other purposes as permitted by applicable law and not inconsistent with this Privacy Policy

How do we store and/or share your information?

Information provided when you reach out to us is stored internally and is not shared with external parties. Flexion also works with third-party partners who help us manage our business, including tools and systems we use for this purpose. These third-parties are service providers who collect and store your information to reach you when you apply for an open position.

The only provider Flexion uses for this purpose is SilkRoad. Please refer to the SilkRoad Privacy Policy for more information on how they handle your information. Should a candidate apply for a job with Flexion and no longer want their personal information in SilkRoad Recruiting, they can reach out directly to Flexion at support@flexion.us to have it removed, in addition to the other designated methods discussed in this Privacy Policy.

Flexion may also share aggregated and anonymized information with third parties for statistical and market research.

How do we respond to legal requests?

We also use and disclose your information when we have a legal obligation or legitimate interest to:

• Comply with applicable law
• Respond to requests from public and government authorities
• Cooperate with law enforcement

How long do we retain your information?

We will retain your information for as long as necessary to carry out our business functions as stated above and to fulfill any legal obligations, to resolve disputes, and to enforce contractual agreements.

We retain applicant information for a period of three years, unless we are required to store the information for a longer period to comply with our legal obligations.

We retain employee information for a period of seven years from the last day of employment, unless we are required to store the information for a longer period of time to comply with our legal obligations.

What happens when you navigate to a third-party site from the Flexion website?

You may navigate to third-parties from our website, resulting in you visiting other websites and using different applications and tools. Flexion is not responsible for the privacy practices of these third-parties, including social media sites. We recommend that you review these third-parties’ privacy policies individually prior to using.

How do we secure your information?

The security of your personal information is important to us. We care about the security of your personal information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Services. Therefore, we take reasonable steps to protect your personal information from unauthorized access and against unlawful processing, accidental loss, destruction, and damage. Where you have chosen a password that allows you to access certain parts of our website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unfortunately, the transmission of information via the Internet is not completely secure and, although we take steps to protect your personal information, we cannot guarantee the security of your personal information transmitted via our website. Thus, we cannot ensure or warrant the security of any information that you transmit to us, so you do so at your own risk. Session information will be temporarily stored on a server for the duration of the session. Personal information required to create an account or apply for an open career opportunity (e.g., email and password) will be stored in a company database.

We will retain your personal information only for as long as necessary for the purposes outlined in this Privacy Policy, to perform our business operations, and for a commercially reasonable time thereafter for backup, archival, fraud prevention or detection, or audit purposes, or as otherwise required by law. Where your personal information is no longer required, we will delete it consistent with our data retention and deletion policy. Should a user visit our website, apply for an open career opportunity with Flexion, and no longer wish for their personal information to be maintained in the SilkRoad applicant tracking system, they may reach out directly to
SilkRoad Technology to submit a formal request to have their personal information removed.

Cookies and other tracking technologies

We, and our service providers, automatically collect certain types of usage information when you use our Services or otherwise engage with us. We collect this information through a variety of Cookie technologies.>

Cookies are small text files which are placed on your device (such as computer or smart phone) when you visit our website that can be read on future visits. Cookies store certain settings and data for exchange with our system via your browser. A cookie usually contains the name of the domain from which the cookie has been placed, as well as information about the age of the cookie and a random alphanumeric identifier, the so-called cookie-ID. They help to recognize the device and make any pre-settings immediately available.

To the extent required by applicable law, we ask you to provide your consent to the use of Cookies. You can control what cookies you allow via the settings of your web browser. You may also change your cookie settings by changing the options on the cookie banner that appears when first visiting the Flexion website. Lastly, you can avoid certain Cookies by not consenting to their use or if you already provided your consent, by subsequently withdrawing it. Please note that blocking or disabling Cookies may negatively impact your experience using our Sites, as some of the features may not work properly or as intended.

Cookie Preferences

Additionally, as is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and clickstream data.

We use this information to analyze trends, administer our website, track visitors’ movements around our website, and gather demographic information about our visitors as well. We do link automatically collected data to other information we collect about our website’s visitors.

We use cookies and other tracking technologies for the following:

• SilkRoad: Flexion’s website links to SilkRoad, a third-party website to apply for open positions. SilkRoad utilizes a LinkedIn Pixel, which tracks applicants who navigate to Flexion SilkRoad job postings after being exposed to a Flexion job posting on LinkedIn – this applies to all visitors whether they apply for the job or not. SilkRoad also distributes job postings to other third-party websites such as Glassdoor, Indeed, etc. and allows Flexion to count applicants from each respective site. Please refer to SilkRoad’s privacy policy to learn more: https://silkroadtechnology.com/privacy/.
• Google Analytics: Flexion’s website utilizes Google Analytics, which helps Flexion to understand how visitors interact with websites by collecting and reporting information.

Disclosure of information

Subject to applicable law, this Privacy Policy, and any other applicable notices at the point of collection, we may share, or you may yourself share via our Services, your personal information, and other information, in connection with our operation of our business, and more specifically as follows:

Companies Providing Services on Our Behalf. We may share your personal information with third-party vendors that perform services on our behalf, as needed to carry out their work for us, which may include providing market research and advertising services, conducting security audits, personnel services, providing accounting or legal services, payment processing services, fraud prevention services, assessing or measuring the performance and functioning of our website, or providing analytics or other services that we need to operate our business.

Legal Process and Fraud Prevention. Flexion may share your personal information with government authorities and others in order to respond to investigations, court orders, and legal process. We may also share your personal information, when we believe it is appropriate to do so, to investigate, prevent, or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the rights, property, or personal safety of any person, or as otherwise required by law.

California Privacy Policy

This section provides specific information for California consumers, as required under California privacy laws, including the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CPRA”), and its implementing regulations (“CCPA”). The CCPA requires that we provide certain information to California consumers about how we handle their personal information (“PI”) and their rights in that regard. Under the CCPA, “PI” is any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, device, or household, to the extent they identify, relate to, describe, are capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer, device, or household, subject to certain exceptions (e.g., publicly available information is not “PI”).

This notice reflects our good faith understanding of the law and our data practices as of the Effective Date. Accordingly, we may from time-to-time update information in this and other notices regarding our data practices and your rights, modify our methods for responding to your requests, and/or supplement our response to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices.

Categories of PI of California consumers that we collect and disclose

The CCPA requires us to disclose the categories of PI about California consumers that we collect and disclose for a business or commercial purpose. Our PI practices for the 12 months preceding the Effective Date were as described in this Privacy Policy, and more specifically as follows:

The applicable sources of PI that we may disclose for business purposes are set forth above.

Rights under the CCPA

California law grants consumers certain rights and imposes certain restrictions on particular business practices as set forth below.

Right to Opt-Out of Sale or Sharing: If you are a California consumer, you have the right to opt-out of the sale of your PI or sharing for purposes of cross-context behavioral advertising. However, Flexion does not sell or share your PI. Further, Flexion does not have actual knowledge that it sells or shares personal information belonging to individuals under the age of 16.

Right to Limit the Use or Disclosure of Sensitive Personal Information: We do not collect or disclose sensitive personal information for the purpose of inferring characteristics about you.

Right to Correct: You have the right to request that we correct inaccurate personal information that we maintain about you. Upon verifying the validity of the verifiable consumer request, we will use commercially reasonable efforts to correct your personal information as directed, taking into account the nature of the personal information and the purposes of maintaining the personal information.

Right to Request Information: If you are a California consumer, under the CCPA you have to right to request information from Flexion regarding the manner in which Flexion shares certain categories of your personal information with third- parties for their direct marketing purposes. California law provides that you have the right to submit a request to Flexion at its designated address below and receive the following information: Specifically, you may request that Flexion disclose:

• The categories of personal information collected
• Specific pieces of personal information collected
• The categories of sources from which Flexion collected personal information
• The purposes for which Flexion uses the personal information
• The categories of third-parties with whom Flexion shares the personal information
• The names and addresses of third-parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed

You are entitled to receive a copy of this information in a standardized format, and the information will not be specific to you individually.

Right to Request Deletion: If you are a California consumer, you have the right to request deletion of your PI that we have collected about you, subject to certain exemptions, such as where the information is used to complete the transaction for which the PI was collected; provide a good or service that you have requested; perform a contract between you and us; detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activities; prosecute people responsible for malicious, deceptive, fraudulent, or illegal activities; debug to identify and repair errors that impair existing intended functionality; comply with a legal obligation; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; or otherwise use your information internally in a lawful manner that is compatible with the context in which you provided the information.

Flexion will not discriminate against you for exercising any right under the CCPA.

Exercising Your Privacy Rights

You will not be charged a fee for this service. You may exercise your privacy rights by submitting a request to support@flexion.us or using the California Consumer Privacy Act Data Request. For security purposes, we will attempt to verify your identity prior to fulfilling your request for information, request to delete or request to correct inaccurate information. If you have an account with us, we may verify your identity through your login to your account. If you do not have an account with us, we may need to respond to your request or otherwise contact you to request additional information from you to verify your identity (including, but not limited to your name, email address, or telephone number). We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity and authority to make the request.

If we are able to verify your identity, we will respond to your request to the extent we are able to and as required by law. If we cannot verify your identity, we may request additional information from you or we may deny your request. If we are unable to fulfill your request(s) in their entirety, we will provide information to you about the reasons that we could not comply with your request.

We will confirm receipt of the request within 10 business days. We endeavor to respond to your request within 45 calendar days, or within a shorter timeframe if required by applicable law. If we require an extension to respond to your request, we will inform you and provide an explanation for the extension.

Certain personal information may be exempt from such requests under applicable law. In addition, we need certain types of personal information to offer our services. If you ask us to delete it, you may no longer be able to access or use our services. Please note we are not required to provide personal information to you more than twice in a 12-month period.

Authorized Agent: You may exercise your privacy rights through an authorized agent. If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf.

Appeals: Residents of certain states have the right to appeal our refusal to take action on, or respond to, a verified DSRR. Upon receipt of our denial or refusal to take action on, or respond to, a verified DSRR, an individual has 60 days to submit a request to appeal the decision by 1) emailing support@flexion.us or 2) using the DSRR Appeal form. Within 60 days of the receipt of your appeal request, we will inform you in writing of any action taken or not taken in response. We will also include a written explanation of the reasons for our decision.

If you are a Virginia resident and your appeal is denied, you have the right to contact the Virginia Attorney General at https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint.

California Shine the Light

California’s “Shine The Light” law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third-parties for their direct marketing purposes in the preceding calendar year. If you are a California resident and would to request this information, please submit a written request to the following address: support@flexion.us.

Users in the United Kingdom and Europe

For users located in the United Kingdom (“UK”), European Union (“EU”), and European Economic Area (“EEA”), Flexion would like to make sure you are fully aware of all of your data protection rights under the General Data Protection Regulation (“GDPR”). The GDPR provides users located in the UK, EU, and EEA with certain additional operational protections and rights, which we describe here. Flexion is a data controller for purposes of your personal information under the GDPR.

Legal bases for processing

If you are a user located in the UK, EU, or EEA, we only collect, use, share, or otherwise process your personal information by obtaining your consent or by using other legal bases for processing your personal information as set forth in more detail below:

Consent: We may collect, use, share, or otherwise process your personal information by obtaining your consent. You are free to deny your consent and the denial will have no negative consequences for you. Your consent will be limited to our (or our vendors’) processing of your personal information for the purposes for which we collect it, which purposes we can adequately demonstrate through notice. For example, we may obtain your consent at the point in time when you set up an account with us, when you provide your consent for the use of Cookies, or when you sign up to receive marketing emails from us. If you sign up for our marketing emails, we will use your personal information to send you emails containing promotional materials relating to our Services. You can always withdraw your consent by writing to support@flexion.us.

Performance of a Contract or Preparation for Entering into a Contract: If you contact us for the prospect of entering into a contract with respect to a future business opportunity or to directly enter into a contractual agreement, we will use your personal information to provide the business services you requested.

Legitimate Business Interests: The use of your personal information may also be necessary for our own legitimate business interests. Our use of your personal information to perform a legitimate interest takes into consideration your privacy rights and the relative necessity we have to use your personal information to fulfill that interest. For example, we process your personal information based on the “legitimate interests” legal basis to analyze and improve the quality of our Services, such as providing you with Customer Service and to understand you as a customer. In addition, based on your use of our Services, we may target you with marketing materials that are customized to your personal preferences and experiences or conduct other direct marketing initiatives (to the extent we are permitted to process such personal information on the basis of legitimate interest; otherwise we will ask for your consent). We may also use your personal information for our other legitimate interests, such as to operate and expand our business activities, to administer our Services, to evaluate and review our business performance, to generate aggregated statistics about the users of our products and Services, to facilitate our business operations, to operate company policies and procedures, to conduct fraud monitoring and prevention, to identify cyber threats, to enable us to enter into business transactions, or for other legitimate business purposes as permitted by applicable law. If necessary, we may also use your personal information to pursue or defend ourselves against legal claims.

Compliance with Legal Obligations: We may process your personal information when it is necessary to comply with a relevant legal or regulatory obligation that we have, such as to maintain appropriate business records according to tax and commercial law, to comply with lawful requests by public authorities, and to comply with applicable laws and regulations, or as otherwise required by law.

Use of Processors: We may engage service providers to perform certain business-related functions. In this regard, such service providers will act as our processors and will only process your personal information in accordance with applicable law, our written instructions, and as included in any relevant data processing agreement entered into between such processors and us. These processors may not engage sub-processors without our prior consent. We will only engage processors who provide adequate guarantees with regard to the application of appropriate technical and organizational measures as required by applicable law and who ensure the protection of your rights.

International Transfers: We may transfer personal information about you outside the UK, EU, or EEA, and when we do so, we rely on appropriate or suitable safeguards recognized under the GDPR, including adequacy decisions and standard contractual clauses.

Exercising your rights under the GDPR

If you are a user located in the UK, EU, or EEA, you have the following GDPR-specific rights with respect to your personal information:

• The Right to Access: You have the right to request Flexion for access to and copies of your personal data. We may charge you a small fee for this service.
• The Right to Rectification: You have the right to request that Flexion correct any personal information you believe is inaccurate or incomplete without undue delay.
• The Right to Erasure: Subject to certain exceptions (such as for example, the need to retain the personal information in order to comply with a legal obligation or to establish, exercise, or defend against a legal claim), you have the right to request that Flexion erase your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed and where consent is withdrawn and there is no other legal ground for processing.
• The Right to Restrict Processing: You have the right to request that Flexion restrict the processing of your personal information under certain circumstances, such as where the accuracy of the personal information is contested by you, for a period of time enabling us to verify the accuracy of that personal information.
• The Right to Data Portability: You have the right to request that Flexion transfer the data that we have collected to another organization, or directly to you, under certain conditions.
• Right to Opt-Out of Processing: You have the right to opt-out of the processing of your personal information. There are a number of ways for you to opt-out of further processing of your personal information, such as: (i) you can withdraw your consent; (ii) you can object to our processing of your personal information based on legitimate interests where there are grounds related to your particular situation; and (iii) you can object to the processing of your personal information for direct marketing purposes for whatever reason whatsoever at any time.
• Right to Lodge a Complaint: You also have the right to lodge a complaint with an EU national data protection authority. Further information about how to contact your local data protection authority is available at the following link: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. However, we encourage you to first reach out to us by contacting us at support@flexion.us so that we may first have an opportunity to address your concerns directly and find a mutually agreeable solution together.

If you wish to exercise any of the above rights, please contact us at support@flexion.us or use the General Data Protection Regulation Data Request form, and we will respond to your request within thirty (30) days. Prior to releasing any personal information to you, we may ask you for additional information to verify your identity for security purposes. The processing of your request will generally be free of charge, unless your request is manifestly unfounded or excessive. In such a case, we reserve the right to charge a reasonable fee in accordance with applicable law. We will decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable law.

Site not designed for minors

Our website is not directed toward children under 16 years of age, nor do we knowingly collect information from children under 16. If you are under 16, please do not use the website or submit any personally identifiable information to us.

In the event that we learn that we have inadvertently collected personal information from a child under age 16, we will delete that information as required by applicable law. If you believe that we might have any information from a child under 16, please contact us using the contact details set out at the end of this Privacy Policy.

Company contact information

If you have any questions about this Privacy Policy, the way we process your personal information, or if you want to make a complaint or exercise your rights, please contact us at:

Flexion, Inc.
ATTN: Dave Hannon
811 E Washington Ave
Suite 400
Madison, WI 53703
support@flexion.us

Changes to this Privacy Policy

We may change this Privacy Policy to reflect new practices, better inform you, or to comply with changes in applicable laws. Please check back periodically to ensure you are familiar with all of our current practices. When we change the Privacy Policy in a material manner, we will let you know by updating the “Effective Date” at the top of this page. If you object to any changes, you may stop using our Services.