This Privacy Policy explains how Fluent Retail Pty Ltd of Level 5, 68 Harrington Street, The Rocks 2000, NSW, Australia and its subsidiaries Fluent Retail (North America) LLC of 2711 Centerville Road, Suite 400, Wilmington, DE 19808 USA, Fluent Retail (UK) Limited of First Floor, West Wing, Davidson House Forbury Square, Reading, Berkshire RG1 3EU UK and Fluent Commerce France S.A.S of 26 rue Cambacérès 75008 Paris, France (together “Fluent Commerce”, “we” or “us”) handle personal data or personal information as those terms are defined under applicable privacy laws (Personal Data) in connection with your interest in or subscription to our product and services (Products), your association with us as a supplier or alliance partner, our marketing activities, and the fluentcommerce.com website (Website).
This Privacy Policy describes what Personal Data we collect and how, what we use it for, where it is stored and who we might share it with. It also informs you of your rights in relation to our handling of your Personal Data and how you can exercise those rights, provide feedback or make a complaint.
For the purpose of the General Data Protection Regulation (GDPR) and applicable UK laws, notably UK GDPR Data Protection Act 2018, this policy applies to the situations where we are the data controller of your Personal Data. In some circumstances, Fluent Retail Pty Ltd and its subsidiaries may act as joint controllers of your Personal Data. For further information about our joint controller arrangement, please contact us using the contact details provided below.
Website and Marketing: When you make contact with us or we contact you through our website, at marketing events or in connection with sales and business processes, we may collect the following types of personal data: name, e-mail, phone number, IP addresses and other any other Personal Data you chose to give us (although we ask that you do not give us sensitive, health or special types of Personal Data as we do not need this in order to inform you about our Products or our business). Our Cookies Policy explains in more detail how we use Cookies on our website.
Customers, Partners and Service Providers: In connection with our provision and administration of the Products, or if you are a partner of or service provider to Fluent Commerce, it is necessary for us to collect Personal Data such as name, e-mail, phone number, address, usernames, physical address, and other information such as billing and payment information. We may also collect personal data in the context of meetings and emails, and if you consent to being recorded, through recordings and transcriptions of calls and data derived from the analysis of this information such as conversion metrics. We may request this Personal Data from you or you may give us this Personal Data when you engage with us as representatives of our customers, partners or service providers.
Job Candidates: If you contact us about a job or you are a referee for a job candidate, our Candidate Privacy Policy is separate to this policy and explains how we handle your Personal Data in that context.
Employees and Contractors: If you are working for us, please contact your local People & Culture Business Partner representative directly for more information on how we handle your Personal Data in that context.
Customer Data in our Cloud Products: If we receive and process Personal Data on behalf of our customers (such as their customers’ Personal Data) as part of their use of our Products for their business purposes (Customer Personal Data), our customers are responsible for the collection of that Personal Data and for providing any related privacy policies and/or notices. This Privacy Policy does not apply to Customer Personal Data. Instead, we will process Customer Personal Data in accordance with the terms and conditions of our customer agreements, which contain data privacy terms and conditions that comply with the ‘data processor’ requirements of Australia, GDPR, UK GDPR and CCPA/CPRA (DPA). We will only use Customer Personal Data for the purpose of providing our Products, fulfilling our obligations and exercising our rights as set out in our customer agreements. For more information about our DPA, please contact us using the e-mail address at the end of this Privacy Policy.
How your Personal Data may be collected: We collect Personal Data directly from you either online via our website or using other technologies such as e-mail or phones, in person at events or at business meetings or in contracts. We may also collect your Personal Data indirectly via publicly or other third party sources such as LinkedIn, ZoomInfo and Lusha, from your organization or its website, from media and publications, and from third parties such as partners (including referral partners), and Personal Data collected in this way is limited to name, e-mail addresses, phone numbers, employer, job title and social media handles.
We use the collected Personal Data for the following purposes:
Depending on the purpose and related processing activity, we rely on the following lawful basis under GDPR and UK GDPR for processing your Personal Data:
Storage: We store your Personal Data in physical and electronic records either at our premises or in our service provider systems where processing and storage is typically in the cloud.
Retention: We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Location, transfer and security: Depending on the nature of your interaction with us and the service provider systems used for processing and storage, your Personal Data may be transferred to and maintained on systems located outside of your country, where the data protection laws may differ from those of your country. We will take all steps reasonably necessary to ensure that your data is treated securely, and transfers are performed in accordance with privacy laws applicable to your Personal Data. For persons in the EU and UK, we will use appropriate safeguards and transfer mechanisms, including Standard Contractual Clauses and the UK Addendum or Binding Corporate Rules as applicable. We undertake an assessment and take appropriate measures to ensure such third party will provide adequate security of such Personal Data and respect your rights to privacy.
We may disclose your Personal Data to service providers who provide us with services and/or systems to support our Website, business and Products, including in connection with activities such as: customer/partner/service provider relationship management, finance, legal, operations, marketing, security, support and maintenance, and website management. We may also disclose your Personal Data to our Affiliates. We may share your Personal Data with partners on an opt-in case-by-case basis only when running specific marketing campaigns.
Videos: We use Vimeo’s embeddable video player to make video content available through our website. Vimeo may collect and process certain personal data and technical information in connection with the operation, security and delivery of the video player, including as a controller or joint controller with Fluent Commerce. Further information about Vimeo’s processing activities is available in Vimeo’s Privacy Policy.
Business transaction: If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
If required by law: Under certain circumstances, we may be required to disclose your Personal Data by law or in response to valid requests by public authorities (e.g. a court or a government agency). We may disclose your Personal Data in the good faith belief that such action is necessary, to comply with a legal obligation, to protect and defend our rights or property, to prevent or investigate possible wrongdoing in connection with the Products or Website, to protect the personal safety of users of the Products, Website or the public, or to protect against legal liability.
Under certain privacy laws, including the GDPR and the UK GDPR, you are entitled to certain rights in relation to our handling of your personal data, including:
Some of the above rights but not all may also be apply under other relevant privacy laws.
You can ask us for more information about these rights at any time by contacting us at or ask for a right to be exercised by completing our Privacy Contact Form.
Our Products and Website may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Products and Website are not intended for use by any individual acting in a domestic capacity or any children. Our offerings are B2B offerings. We do not knowingly collect Personal Data from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on our Website. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on the Website.
If you have any questions about this Privacy Policy, wish to exercise any of your individual data protection rights or have any complaints about how we handle your personal information, please contact us using our Privacy Contact Form. If needed, you may also reach us at .
When contacting us, please provide your name and contact details, a description of your concern and any supporting information (such as relevant dates, the service involved and any prior correspondence) that will help us in our review. .If your concern relates to a complaint, we will acknowledge receipt within 30 days. We will then take appropriate steps to investigate your complaint and will respond to you without undue delay.
At all times we will keep you informed of progress and comply with related timeframes in accordance with applicable laws.
For persons in the EU and UK, you may also contact our EU and UK Data Protection Officer directly. Fluent Commerce’s EU and UK Data Protection Officer’s name and contact information are as follows: Aphaia Ltd, Eagle House 163 City Road, London EC1V 1NR, Email address:
Should you not be happy with the way we handled your concerns, you can lodge a complaint with the relevant data protection authority. You may also have the right to seek a judicial remedy where you believe your data protection or privacy rights have been violated.