All the legal stuff
We value trust, privacy and transparency. Our legal terms reflect that.
Terms and Conditions
Please read these Terms and Conditions ("Terms") carefully before using our Software-as-a-Service (SaaS) product ("Flamingo") or ("Flamingo Analytics") provided by JKNG Limited ("Company," "we," "us," or "our"). By accessing or using our Product, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Product.
1. Definitions
1.1 "Product" refers to the SaaS application provided by the Company.
1.2 "User" refers to any individual or entity that accesses or uses the Product.
2. Use of the Product
2.1 Eligibility: By using our Product, you represent and warrant that you are at least 18 years old and have the legal authority to enter into these Terms. If you are using the Product on behalf of an organization, you represent and warrant that you have the necessary authority to bind the organization to these Terms.
2.2 License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Product for your internal business purposes during the term of these Terms.
2.3 User Accounts: In order to access the Product, you may need to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or suspected breach of security.
3. Intellectual Property Rights
3.1 Ownership: The Product and all associated intellectual property rights are owned by the Company. These Terms do not grant you any right, title, or interest in or to the Product, except for the limited license rights expressly stated herein.
3.2 User Data: As between you and the Company, you retain ownership of any data or content you submit or provide through the Product ("User Data"). You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your User Data solely for the purpose of providing and improving the Product.
4. Fees and Payment
4.1 Pricing: The pricing for the Product is specified on our website or as otherwise communicated to you. We reserve the right to modify the pricing at any time upon notice to you.
4.2 Payment: You agree to pay all fees specified for the Product in accordance with the terms and conditions set forth in our payment process. Failure to make timely payments may result in suspension or termination of your access to the Product.
5. Confidentiality
5.1 Confidential Information: During the course of using the Product, you may have access to confidential or proprietary information of the Company ("Confidential Information"). You agree to keep the Confidential Information confidential and not disclose or use it for any purpose other than as expressly authorized by these Terms.
6. Limitation of Liability
6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS.
7. Termination
7.1 Termination by You: You may terminate these Terms by ceasing to use the Product and deleting your user account.
7.2 Termination by Company: We may suspend or terminate your access to the Product immediately, without prior notice or liability, for any reason or no reason, including but not limited to your breach of these Terms.
8. Miscellaneous
8.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of laws principles.
8.2 Dispute Resolution: Any disputes arising out of or relating to these Terms or the Product shall be resolved through good faith negotiations between the parties. If the parties are unable to reach a resolution, the dispute shall be submitted to binding arbitration in accordance with the rules of [Arbitration Association]. The arbitration shall take place in [Jurisdiction], and the arbitrator's decision shall be final and binding on the parties.
8.3 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
8.4 Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding the use of the Product and supersede any prior agreements or understandings, whether written or oral.
8.5 Modifications: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Product after the posting of any modifications constitutes acceptance of those changes.
8.6 Waiver: The failure of the Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
8.7 Assignment: You may not assign or transfer these Terms, in whole or in part, without the prior written consent of the Company. The Company may freely assign or transfer these Terms without restriction.
By using our Product, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you must not use the Product.
Privacy policy
This Privacy Policy governs the manner in which our Flamingo website analytics product ("Product") collects, uses, maintains, and discloses information collected from users (referred to as "Users") of the Product. This Privacy Policy applies to the Product and all related services offered by us.
1. Information Collection
We may collect personal identification information from Users in various ways, including but not limited to, when Users visit our website, register on the Product, subscribe to our newsletter, respond to a survey, fill out a form, or interact with the Product's features, services, or resources. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and payment information. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Product-related activities.
We may also collect non-personal identification information about Users whenever they interact with our Product. Non-personal identification information may include the browser name, the type of computer or device, and technical information about Users' means of connection to our Product, such as the operating system, the Internet service providers utilized, and other similar information.
2. Information Usage
We may collect and use Users' personal information for the following purposes:
To improve customer service: Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Product.
To improve our Product: We may use feedback you provide to improve our products and services.
To process payments: We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To send periodic emails: We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If a User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
3. Information Protection
We adopt appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure, or destruction of Users' personal information, username, password, transaction information, and data stored on our Product.
Sensitive and private data exchange between the Product and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
4. Sharing Personal Information
We do not sell, trade, or rent Users' personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the purposes outlined above.
We may use third-party service providers to help us operate our business and the Product or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
5. Compliance with Laws
We will disclose your personal information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Product.
6. Changes to this Privacy Policy
We have the discretion to update this Privacy Policy at any time. When we do, we will revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.
7. Your Acceptance of These Terms
By using this Product, you signify your acceptance of this Privacy Policy. If you do not agree to this policy, please do not use our Product. Your continued use of the Product following the posting of changes to this policy will be deemed your acceptance of those changes.
8. Contacting Us
If you have any questions about this Privacy Policy, the practices of this Product, or your dealings with this Product, please contact us.
By using our Product, you acknowledge that you have read, understood, and agree to abide by this Privacy Policy.
Cookie policy
At Flamingo, we understand the importance of privacy and the need for compliance with global privacy regulations such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). We are committed to providing you with analytics insights while prioritizing the protection of your personal information. That is why our analytics platform is entirely cookie-free, ensuring privacy compliance without compromising on the valuable data you need.
What is GDPR and CCPA?
GDPR and CCPA are two significant privacy regulations that aim to protect individuals' personal data and provide them with control over how their information is collected and used. GDPR applies to all individuals within the European Union (EU), whereas CCPA applies to residents of California, United States.
Compliance with GDPR and CCPA
One of the fundamental requirements of both GDPR and CCPA is obtaining informed consent from users before collecting any personally identifiable information. This includes data collected through cookies and other tracking technologies. By adopting a cookie-free analytics approach, we eliminate the need for consent related to cookies, making the user experience seamless and protecting your privacy.
How Our Cookie-Free Analytics Work
Our cookie-free analytics platform leverages innovative techniques to gather insightful data about your website visitors without relying on traditional tracking methods. Instead of storing cookies on users' devices, we employ privacy-compliant methodologies to generate aggregated and anonymized statistics. This allows us to collect valuable information about website performance, user behavior, and engagement patterns without compromising individual privacy.
Advantages of Cookie-Free Analytics
1. Enhanced Privacy: By eliminating the need for cookies, we ensure that your personal data remains private and protected.
2. Compliance: Our cookie-free analytics platform aligns with the strict requirements of GDPR and CCPA, allowing you to meet the regulatory standards effortlessly.
3. Transparent Data Collection: We believe in transparency and are committed to providing clear information about how we collect and handle your data. Our privacy policy outlines the details of our analytics practices, ensuring you have complete visibility.
4. Improved User Experience: With cookie-free analytics, there are no pop-ups or consent banners disrupting your browsing experience, making interactions with our website seamless and enjoyable.
5. Actionable Insights: Our analytics platform still provides you with meaningful and actionable insights about your website's performance, user demographics, and behavior, allowing you to optimize your online presence without compromising privacy.
Privacy Matters to Us
At Flamingo, we prioritize your privacy and aim to provide you with a secure and enjoyable online experience. By leveraging cookie-free analytics, we ensure compliance with GDPR and CCPA while offering valuable insights to help you grow your online presence. Rest assured that your personal information is treated with utmost care and is never compromised. If you have any questions or concerns regarding our analytics practices or privacy measures, please feel free to contact us.
Choose Flamingo for privacy-compliant, cookie-free analytics and unlock the power of data-driven decision-making while safeguarding your personal information.
