Last Updated February 5, 2020

This Privacy Policy describes how we collect and use Personal Information we receive from our customers and other users (referred to as "you") by using our app (referred to as "App") or web site both of which are part of the services we provide (“FLOWX Service”) and what Personal Information we transfer to what third parties. This Privacy Policy explains what information we collect, process and use and why we do that.

This Privacy Policy specifically applies to:

• Customers: users such as farmers or landowners which request or receive tile planning services.
• Tile Planners: users such as individuals who have submitted applications to SOILMAX to provide tile planning services and/or who provide tile planning services through the app or FLOWX web site to Customers.

This Privacy Policy also governs SOILMAX’s other collection of other data in connection with the FLOWX Service.

• Information We Collect

When you register to use the FLOWX Service, we ask you to provide certain information including personal information. Personal information is information about you that can be used by itself, or combined with other information, to personally identify you (referred to as "Personal Information"). We collect this Personal Information directly from you when you provide it to us.

Information we collect includes:

• User profile: We collect data when users create or update their FLOWX accounts. This includes Personal Information such as name, email, phone number, login name and password, address, profile picture, and user settings.
• Field and operation information: We collect data submitted by a user such as field location, field boundaries, field size, outlets, field name, equipment information, elevation data, drain coefficient, desired tile spacing, tile specifications, field notes, other field and operation information, and tile plans.
• Demographic data: We may collect demographic data about users, including through user surveys, reviews of tile plans, or otherwise.
• User content: We collect the information users submit when they contact customer support or otherwise contact SOILMAX or other users of FLOWX.
• Usage Information: We collect information while you access, browse, view or otherwise use the FLOWX Service. In other words when you use the FLOWX Service we are aware of your usage and gather, collect and record information relating to such usage including geo-location information, IP address, device and connection information, browser information, web log information, and interactions with other users of the FLOWX Service. In some cases, we collect this data through cookies, pixels, tags, and similar tracking technologies that create and maintain unique identifiers. We use that information to enhance user experience, personalize your experience as well as monitor the FLOWX Service for preventing fraud and inappropriate content or behavior.
• Transaction Information: We collect transaction information related to payments made or received through the FLOWX Service.
• Who are we?

The App is a product of SOILMAX, Inc., 1201 S. 1st St., Terre Haute, IN 47802 (referred to as "SOILMAX“, "we", "our", or "us").

• How we use your Information

Where relevant under applicable laws, all processing of your personal information will be justified by a "condition" for processing. In the majority of cases, processing will be justified on the basis that:

• you have provided your consent for us to use your personal information for a specific purpose;
• our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with services which you have purchased);
• the processing is necessary to comply with a relevant legal obligation or regulatory obligation that we have (e.g. fraud prevention); or
• the processing is necessary to support our legitimate interests as a business (e.g. to improve our services to you), subject to your interests and fundamental rights and provided it is conducted at all times in a way that is proportionate.

We will use your personal information for the following purposes:

• to provide you with quality service and security, to operate the Site and to perform our obligations to you. For example, we use the information collected from you to verify your identity. We also use this information to establish and set up your account, verify or re-issue a password, log your activity, enable your communications with users, provide customer support and contact you from time to time. The information helps us develop and improve our services to you and customize and personalize your experience.
• to ensure FLOWX Service integrity, prevent fraud and maintain a safe and secure environment. For example, we use your information to track and prevent fraudulent activities and other inappropriate activities and, monitor content integrity, conduct security investigations and risk assessments, verify or authenticate information provided by you, enforce our Terms of Service and comply with applicable laws.
• to promote and advertise the FLOWX Service. For example, we use the information collected from you for the purpose of sending direct marketing messages, to show you information that may be of interest to you, to organize and facilitate referral programs, contests or other promotional activities or events. This may be via email, post, SMS, telephone, or targeted online advertisements.
• to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law.
• How we store and secure your Personal Information

We are concerned about safeguarding the confidentiality of your Personal Information. We use industry standard practices to protect the confidentiality, integrity, and availability of your data, e.g. by access controls. All Personal Information you provide to us is secured using industry standard procedures. Any payment transactions will be encrypted in transit using SSL. We strive to update our security measures on a regular basis to keep track of new industry standards.

We apply a general rule of keeping personal information only for as long as is required to fulfill the purpose for which it was collected. However, in some circumstances we may retain your personal information for longer periods of time. We may retain your information for the following purposes:

• as long as it is necessary and relevant for our operations, e.g. so that we have an accurate record of your dealings with us in the event of any complaints or challenge; and
• in relation to personal information from closed accounts to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Site terms and take other actions as permitted by law.
• Our policy on children’s information

The FLOWX Service is not directed to children under 14. If you learn that your child under 14 has provided us with Personal Information without your consent, please contact us immediately and we will delete such information within a reasonable time.

• How and when do we share information?

We will only share your Personal Information when we have a legal basis to do so.

• Other Users

We share your information to help facilitate interactions between users such as between a customer and a tile planner.

• Third parties that we use to perform our services

Financial transactions: We allow for users to send or receive payments using payment processors such as PayPal. We do not collect financial account information but do collect and store payment processing information such as name and email account for the transaction, transaction amounts and descriptions, transaction identifiers, and other information as may be used for accounting and/or tax purposes. Your use of payment processors is subject to their terms and conditions and policies. Use of PayPal is subject to their terms and conditions and policies as available at www.paypal.com.

Storage: Your Personal Information is stored in data centers of Amazon Web Services, Inc. some of which may be outside of the United States.

Mapping and Addresses: We use the Google Map API to perform mapping services. Location information including boundary information is shared in order to perform mapping services. We also use the Google Address Validation API to assist in validating or suggesting addresses.

Messaging: We use the Ringcentral SMS API to send notification, alerts, and other communications.

Weather: We use the Openweathermap API for determining weather for a particular location.

We may share your Personal Information when we have your consent. This includes sharing information with other services, including third party services, when you have linked social media accounts or other third party accounts to the FLOWX Service.

Were we employ third party companies or individuals to process Personal Information, they only process Personal Information on our behalf, based on our instructions and in compliance with this Privacy Policy.

We may share your Personal Information if sharing is reasonably necessary to comply with a law, regulation or legal request or legal process; to protect the safety, rights, or property of the public, any person, or us; or to detect, prevent, or otherwise address fraud, security or technical issues. If not legally forbidden, we will inform you as soon as possible about any sharing of your Personal Information that we are obliged to.

• Anonymous information

We may also share aggregated or non-personally identifiable information with our partners, advertisers, or others.

• Business Transition

Your information will also be disclosed if we go through a business transition such as a merger, sale, transfer of all or a portion of SOILMAX's assets, acquisition, bankruptcy or similar event. In the event that we sell any business or assets, we will disclose your data to the prospective buyer. If we or substantially all of our assets are acquired by a third party, information held by us about our users will be one of the transferred assets.

• What rights do you have? 

You can always access your Personal Information by asking us what Personal Information we hold about you.

You may modify, add, delete or update your Personal Information or request deletion of Personal Information by emailing us at flowx@soilmax.com or by contacting us as described in section H below. We will usually respond to all access requests within 30 days. We will retain your Personal Information as needed to provide you with our services.

In case you request to delete Personal Information, you may no longer be able to use all features and functions of our services.

Please note that we may be required to keep some of your Personal Information for legal reasons, for instance to comply with statutory retention periods or for tax purposes. In such cases, we will mark your Personal Information accordingly to make sure that it is not used for any other purpose than complying with the retention requirement.

• How to contact us

If you have any questions or other enquiries regarding the App, our products or this Privacy Policy, please feel free to contact us at any time:

SOILMAX, Inc.
1201 S. 1st St.
Terre Haute, IN 47802
Email: flowx@soilmax.com
Phone: 1-888-764-5629

• How do we make changes to this Privacy Policy?

We may update this Privacy Policy from time to time and for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here or, if the changes are material with regard to information collected from you, by posting a prominent notice on www.flowx.com or the App or by sending an email to the email address you provided to us prior to the change becoming effective. If required, we may also seek your prior consent. You should consult this Privacy Policy regularly for any changes.

These Terms of Service (“Terms”) govern your use of our websites, including www.flowx.com, and mobile application software (collectively, the “FLOWX Service”).

You must consent to and accept these terms to use the FLOWX Service. You accept the Terms by visiting www.flowx.com, downloading a FLOWX app, using the FLOWX app or otherwise using any portion of the FLOWX Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT VISIT www.flowx.com and DO NOT USE the FLOWX Service.

Terms May Change

These Terms can change over time. When we make changes to the Terms we will post the modified Terms on www.flowx.com and will include the date the Terms were last updated. You agree to check for updates to the Terms. When you use the FLOWX Service, you are accepting the modified terms.

Eligibility

You may only use the FLOWX Service if you are over 13 years of age and are not precluded from receiving the FLOWX Service under any applicable laws, regulations, court orders, administrative orders, or otherwise and are not in violation of the Terms.

Required Equipment

Full use of the FLOWX Service is dependent upon your use of a computer with appropriate software or a compatible mobile device and Internet access. The maintenance and security of this equipment may affect the performance of the FLOWX Service and it is your responsibility to ensure the functionality of any such equipment.

SOILMAX Rights

The FLOWX Service and its underlying technology and content may be protected by copyright, trademark, patent, design and other laws of various countries. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SOILMAX or its licensors, except for the licenses and rights expressly granted in these Terms. SOILMAX reserves all rights.

Limited Use of FLOWX Service

SOILMAX grants you a limited, non-exclusive, non-transferable license to access and view the content made available through the FLOWX Service, access and use the software made available through the FLOWX Service as authorized in these Terms.

Prohibited Use of FLOWX Service

You may not, and you agree not to or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the FLOWXService or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the FLOWX Service).

Common Sense

Use of the FLOWX Service should not replace your good judgment and common sense. You agree to read and comply with all safety notices that accompany any FLOWX service. You agree to use common sense and to comply with all applicable laws, regulations, and policies if implementing a tile plan obtained using the FLOWX Service. You agree that prior to implementing a tile plan obtained using the FLOWX Service you will independently apply your own good judgment and common sense to ensure that the tile plan is appropriate for your particular situation.

Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE FLOWX SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FLOWX SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SOILMAX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE FLOWX SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SOILMAX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FLOWX SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE FLOWX SERVICE OR TILE PLANS OBTAINED THROUGH THE FLOWX SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE FLOWX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE FLOWX SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOILMAX OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You will indemnify and hold harmless SOILMAX and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with your access to or use of the FLOWX Service, implementation of a tile plan obtained using the FLOWX service, or your breach of any warranties made by you under these Terms or your violation of any other provision of these Terms. SOILMAX reserves the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

Limitation on Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SOILMAX BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE FLOWX SERVICE, OR ANY TILE PLANS OBTAINED THROUGH THE FLOW SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SOILMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall SOILMAX’s total liability to you for all damages exceed the amount of one U.S. dollar ($1.00 USD). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Feedback and Submissions Policy

SOILMAX does not accept or consider any unsolicited ideas, suggestions, proposals, or materials in any form (“Submissions”). In the event that you submit an idea to SOILMAX, please understand that SOILMAX will treat your submission as non-confidential and non-proprietary regardless of how detailed and regardless of what your submission states. SOILMAX may not be able to acknowledge receipt of your submission and is not obligated to return to you anything you send to SOILMAX. SOILMAX may use, distribute, or disclose all or any portion of your submission freely for any purpose and without compensation to you.

SOILMAX welcomes any and all feedback on the FLOWX Service. Any feedback you do provide regarding any existing products, services or features is also non-confidential and non-proprietary. SOILMAX may use any feedback you provide freely and without compensation or acknowledgment to you or to anyone else.

Third-Party Services

Third-Party Services and Third-Party Materials that may be accessed from or linked to the FLOWX Service including your data. You are responsible for reading and understanding the terms and conditions and privacy policies that apply to your use of any Third-Party Services. SOILMAX makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. SOILMAX reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will SOILMAX be liable for the removal of or disabling of access to any such Services. SOILMAX may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

Open Source Components and Third Party Software Licenses

Some portions of the FLOWX Services may contain open source code or other source code from third parties, which is governed by a separate license. In the event of a conflict between the Terms and any such separate license, the separate license will prevail with respect to the applicable open source code or third-party software. Third-Party Software Licenses are provided at the end of these Terms.

Changes To The FLOWXService

SOILMAX may change or end, any feature or aspect of the FLOWX Service at any time without notice. SOILMAX is not liable to you or to any third party for any such modification, suspension, or discontinuance of any feature or aspect of the FLOWX Service.

Termination

If you violate the Terms, SOILMAX reserves the right to remove or limit your access in whole or in part to the FLOWX Service, at SOILMAX’s sole discretion, at any time and without notice or liability to you.

Controlling Law, Forum, Severability, No Class Action, Limitations on Claims

This License will be governed by and construed in accordance with the laws of Indiana, excluding its conflict of law principles. You agree that any judicial proceeding between You and SOILMAX will be brought in a court of competent jurisdiction in Terre Haute, Indiana and You consent to venue and personal jurisdiction there. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. You may only resolve Disputes with SOILMAX on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the FLOWX Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Additional Terms

Additional terms may apply to certain products or services. In the event that there is a conflict between these terms and any additional terms, the additional terms will control.

Third-Party Software Licenses

This document lists the licenses of the third-party software used by FLOWX app and FLOWX Service. Note that not all licenses are applicable to all SOILMAX products or software.

This product includes the following software, which is distributed in accordance with The MIT License (MIT):

React-Native.

This product includes REACT-NATIVE, Copyright by Facebook, Inc. and its affiliates.MIT License

Copyright (c) Facebook, Inc. and its affiliates.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.