Privacy Policy

Last modified: May 13, 2020.

This privacy policy ("Privacy Policy") governs how NetCube SASU (hereinafter referred to as "NetCube", "we", "our" or "us") collects, uses and shares personal information about each user or visitor (collectively "you" or "your") when you (i) access https://apiflash.com (hereinafter collectively referred to as "Website"), (ii) use the API and Services (as defined under Section 3 of NetCube's Terms of Service located at https://apiflash.com/terms_of_service and hereinafter referred to as the "Terms"), and/or (iii) use any or all subdomain URLs related to the Website and pointing to the API including the subdomain located at https://api.apiflash.com (hereinafter referred to together as "Subdomain URL(s)").

NetCube is committed to maintaining robust privacy protections for its users. As such, our Privacy Policy, together with the Terms, is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using the API and Services.

By accessing the Website and using the Subdomain URLs, API and Services, you accept the terms and conditions of our Privacy Policy, and you consent to NetCube's collection, storage, use and disclosure of your Personal Information (defined below) as described in this Privacy Policy.

You acknowledge that it is in your best interest to read this Privacy Policy carefully and to ensure that you understand the terms and conditions contained herein. Your acceptance of our Privacy Policy is deemed to occur upon your first use of the Website, Subdomain URLs, API and/or Services. If you do not accept and agree with this Privacy Policy, please refrain from using and/or accessing the Website, Subdomain URLs, API and Services immediately.

Scope of Privacy Policy

This Privacy Policy applies only to your access to the Website and use of the API, Subdomain URLs and Services. The Website may contain links to third party websites and resources. NetCube has no control over how your information is collected, stored, or used by these third party websites and/or resources. NetCube therefore advises you to check the privacy policies of any such third party websites and/or resources before providing any information to them.

Collection of Personal Information

When you use the Website, Subdomain URLs, API and/or Services, we may collect, use, store or transfer some or all of the following information:

(i)
personal information that could identify you, which includes your name, surname, company name, email, Google user identity and/or Github user identity when you register a User Account (as defined under Section 9 of the Terms) on the Website;
(ii)
contact information which includes data such as billing address, delivery address, email address, telephone numbers and any other data you have provided to us in order for us to be able to provide you with the Services;
(iii)
financial data which may include your value-added tax identity number;
(iv)
transaction data which includes details about payments or communications to and from you as well as data about the Services you have subscribed for; and
(v)
technical data which may include your Internet protocol ("IP") address, all supplied API parameters (as listed at: https://apiflash.com/documentation#parameters), device and application numbers, your browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, the programming language you use, other technology on the devices you use to access the Website, and when you use the Subdomain URLs, API and/or Services,

(collectively "Personal Information").

In the context of the law and this notice, the terms "process" and "processing" mean collect, store, transfer, use or otherwise act on data.

Automatic Collection of Information

When you visit the Website, and use the Subdomain URLs, API and/or Services, NetCube's servers automatically record information which may include, but not be limited to, information on/about your computer hardware, software, server and technical infrastructure. This information is collected automatically and is used only to identify potential cases of abuse, resolve technical issues, optimizing the performance of the Website and API for a better user experience, and establish statistical information regarding your use of the Website, Subdomain URLs, API and the Services.

Use of your Personal Information

NetCube's use of your Personal Information will always have a lawful basis, being either that (i) we have a contractual obligation with you as pertains to the provision of the Services; or (ii) because you have consented to our use of your Personal Information; or (iii) for our legitimate interests; or (iv) we have a legal obligation to divulge your Personal Information. More specifically, NetCube may use your Personal Information for the following purposes:

(i)
Personal Information we process because we have a contractual obligation with you: When you register on the Website, or otherwise agree to the Terms, a contract is formed between you and NetCube. In order to carry out our obligations under that contract we must process the Personal Information you provide to us. We may use your Personal Information to: verify your identity for security purposes; sell Services to you; and/or provide you with our API and Services. NetCube shall continue to process your Personal Information until the contract between us ends or is terminated by either party in accordance with the Terms.
(ii)
Personal Information we process with your consent: When there is no contractual relationship between NetCube and you, and through certain actions such as when you browse the Website or ask us to provide you with more information about our API and Services, you provide your consent for NetCube to process your Personal Information. Wherever possible, NetCube aims to obtain your explicit consent to process your Personal Information. We may continue to process your Personal Information on this basis until you withdraw your consent. You may withdraw your consent at any time by sending us an email at contact@apiflash.com. However, if you do so, please note that you may not be able to use the Website, Subdomain URLs, API and/or Services further.
(iii)
Personal Information we process for the purposes of legitimate interests: NetCube may process Personal Information on the basis that there is a legitimate interest (for example, for recordkeeping purposes, obtaining insurance advice and professional advice.) either to you or to us. Where we process your Personal Information on this basis, we shall do so after having given careful consideration to whether: (a) the same objective could be achieved through other means; (b) processing or not processing the Personal Information might cause you harm; (c) you would expect NetCube to process your Personal information, and (d) you would, consider it reasonable for us to process your Personal information.
(iv)
Personal Information we process because we have a legal obligation: NetCube may have to process your Personal Information in order to comply with a statutory obligation, which may include, but not be limited to providing your Personal Information to legal authorities upon a legal request to do so.
(v)
Personal Information we process for the purposes of connecting you with our service providers: To facilitate the provision of the Services by NetCube to you, we work with a number of service providers, who process data on our behalf. Our service providers include cloud storage and server providers, payment gateway providers (including but not limited to Stripe), subscription management providers, email service providers, communication/messaging applications and analytical tool providers.
How Personal Information is Stored

Subscription plan information and payment information is stored and secured respectively by (i) us on our servers, and (ii) Stripe (available at https://stripe.com). All Personal Information is secured and segmented on a central database; and all other data pertaining to the Services is processed and stored securely on Amazon Web Services.

Should NetCube store your Personal Information outside the European Economic Area ("EEA"), we shall take all reasonable steps to ensure that your Personal Information is treated as safely and securely as it would be within the EEA including but not limited to, complying with the same laws that are in place within the EEA as pertains to the security of your data; and only using verified security-hosting companies who have the applicable security and safety measures in place.

How Personal Information is Secured

We are concerned about safeguarding the confidentiality of your Personal Information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we (i) use Secure Systems Layer ("SSL") protocol to provide a secure connection between your web browser and NetCube's server to allow for the safe exchange of Personal Information; and (ii) limit access to the Personal Information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website and API. Please be aware that, although we endeavor to provide reasonable security for Personal Information we process and maintain, no security system can prevent all potential security breaches.

NetCube implements security measures that include encryption, firewalls and SSL technology, which are designed to protect your information from unauthorized access and potential security breaches.

Your credit card number and card verification value number is securely stored by Stripe and cannot be accessed by NetCube.

However, you acknowledge that no data transmission over the Internet or wireless network can be guaranteed. Therefore, while NetCube strives to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; and (ii) the security, integrity, and privacy of any and all information and data exchanged between the Website and API cannot be guaranteed.

Your Rights regarding the General Data Protection Regulation

For the purposes of complying with the General Data Protection Regulation 2016/679 ("GDPR"), NetCube is considered as the data controller in relation to your Personal Information. We have listed below, the principal rights you have under the GDPR:

(i)
the right to access - you can ask for copies of your Personal Information;
(ii)
the right to rectification - you can ask us to rectify inaccurate Personal Information and to complete incomplete Personal Information;
(iii)
the right to erasure - you can ask us to erase your Personal Information from our systems;
(iv)
the right to restrict processing - you can ask use to restrict the processing of your Personal Information;
(v)
the right to object to processing - you can object to the processing of your Personal Information;
(vi)
the right to data portability - you can ask us to transfer your Personal Information to another organization or to you;
(vii)
the right to complain to a supervisory authority - you can complain about our processing of your Personal Information to the applicable authorities; and
(viii)
the right to withdraw consent - you can request that we withdraw your consent to store and process your Personal Information except to the extent that the basis of our processing your Personal Information is required by law.

You may exercise any of your rights in relation to your Personal Information by written notice to NetCube, using the contact details set out below. Should you have any cause for complaint about our use of your Personal Information, please contact NetCube using the details provided below and we will endeavour to solve the problem for you.

Your Rights under the Digital Millennium Copyright Act

It is NetCube's policy to respond to any infringement notices and to take the appropriate actions as provided under the Digital Millennium Copyright Act ("DMCA"). Should you believe that material available on the Website infringes on your copyright(s) or that of a third party, please notify NetCube by submitting a written notice to contact@apiflash.com and include the following information:

(i)
your full name, mailing address, telephone number, and email address;
(ii)
a description of the copyrighted work that is claimed to be infringed;
(iii)
a description of where the allegedly infringing material is located on the Website;
(iv)
a statement by you that you have a good-faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and
(v)
a signed (either physical or electronic) statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Upon receipt of such notice, NetCube shall investigate and/or remove the infringing material. You will be held liable for damages, including costs and attorneys' fees, should you materially misrepresent that material or activity on the Website infringes on your or a third party's copyright.

Your Rights under the California Consumer Privacy Act

To the extent that the California Consumer Privacy Act ("CCPA") is applicable to either NetCube or you: both parties agree to comply with all of its obligations under the CCPA; and in relation to any communication of 'personal information' as defined by the CCPA, the parties agree that no monetary or other valuable consideration is being provided for such personal information and therefore neither party is 'selling' (as defined by the CCPA) personal information to the other party.

The principal rights you have under the CCPA include but are not limited to:

(i)
the right to know the Personal Information we collect form you;
(ii)
the right to request the deletion of your Personal Information;
(iii)
the right not to be discriminated against for having exercised your rights under the CCPA;
(iv)
the right to opt out from the collection/sale of your Personal Information; and
(v)
the right to access your Personal Information.

Both parties agree to notify the other immediately if it receives any complaint, notice, or communication that directly or indirectly relates to either party's compliance with the CCPA. Specifically, NetCube shall notify you within ten (10) working days if we receive a verifiable consumer request under the CCPA.

Data from Third Parties

NetCube may collect or receive information that third party service providers may provide about you when using the Website and/or the Services. Or NetCube may obtain information from other sources and combine that with information NetCube collects through your use of the API and Services. The following information is collected and/or obtained from third parties:

(i)
Google Analytics. NetCube uses Google Analytics to analyse (i) how users use the Website, Subdomain URLs, API and Services by noting when you use the Website, Subdomain URLs, API and Services, and (ii) usage data and performance data. The information collected will be disclosed to or collected directly by the applicable analytical tool NetCube is using. Such information is collected as a means to provide, improve, and develop the Website, Subdomain URLs, API and Services so as to create a safer and trusted environment when you use the Website, Subdomain URLs, API and Services.
(ii)
Hotjar: We use this tool to understand how you use the Website, Subdomain URLs and API, to identify and test your usage of the functions of the Website, Subdomain URLs and API, and to further analyse usage data, performance data, to statistically analyse user behaviour and activity, and to obtain feedback from you on your usage of the Website, Subdomain URLs, API and Services we provide.
(iii)
Amazon Web Services: NetCube uses this service as a means of hosting the Website, Subdomain URLs and API and in order to provide the Services. Amazon Web Services may collect all information you provide us with, and all information we automatically collect as a means of facilitating the functions of the Website and the Services.
(iv)
Stripe: We use this tool as a payment gateway provider. Stripe may collect information you provide to us as a means of processing payments you make on the Website for the Services.
(v)
Crisp. NetCube uses this chat tool as a means to communicate with you and all our visitors accessing the Website, Subdomain URLs and API, so as to deliver a better customer experience.
(vi)
Papertrail. We use this cloud-hosted tool to manage and aggregate all logs.
(vii)
Luminati. NetCube uses this proxy provider when the ip_location parameter is used by you. As a consequence, the content of the API parameters is sent by us to Luminati when you use the ip_location parameter.

We may disclose the information you have provided to us and information that is automatically collected:

(i)
as required by law, such as to comply with a subpoena, or similar legal process; and/or
(ii)
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
Cookies

Cookies are defined as small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow data gathered on one web page to be stored until it is needed for later use, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved. Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely. Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

NetCube may from time to time use cookies. They may be placed by software operated by third parties whose services NetCube makes use of so as to enhance your experience on the Website.

When you first visit the Website, you may need to confirm whether you wish for cookies to be used by NetCube. If you choose not to accept them, NetCube shall not use them for your visit except to record that you have not consented to their use for any other purpose. However, please note that should you choose not to use cookies or you prevent their use through your browser settings, you might not be able to use all the functionalities available on the Website.

NetCube may use cookies for the following purposes:

(i)
Authentication and status - NetCube uses cookies to identify you when you visit the Website and as you navigate through the pages of the Website;
(ii)
Personalisation - NetCube uses cookies to store information about your preferences as you navigate through the Website;
(iii)
Security - NetCube uses cookies as an element of the security measures used to protect the Website and Services; and
(iv)
Analysis - NetCube uses cookies to analyse the use and performance of the Website and the Services.
Retention Period for Personal Information

Except as otherwise mentioned in this Privacy Policy, NetCube shall endeavour to keep your Personal Information only for as long as is required (i) for NetCube to be able to provide you with the API and Services, (ii) to comply with the law, including for the period demanded by our tax authorities, and (iii) to support a claim or defence in court.

More specifically, NetCube shall retain all (i) server logs and User Data for twelve (12) months; and (ii) Deliverables for thirty (30) days. Upon the expiry of the twelve (12) months and thirty (30) day retention period, the server logs, User Data and Deliverable(s) will be permanently deleted from NetCube's cache and servers.

Opt-out rights

You can stop all collection of Personal Information by NetCube by not accessing the Website, Subdomain URLs, API and the Services, by unsubscribing from your chosen Subscription Plan (as defined under Section 6 of the Terms) or by requesting to opt-out via email, at contact@apiflash.com.

Changes and Amendments to Privacy Policy

NetCube may update this Privacy Policy from time to time in NetCube's sole discretion and will notify you of any material changes to the way in which NetCube treats Personal Information. When changes are made, NetCube will revise the updated date at the bottom of this page. NetCube may also provide notice to you in other ways in NetCube's sole discretion, such as through the contact information you have provided. Any updated version of this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified. Your continued use of the Website, Subdomain URLs, API and/or Services after the effective date of the revised Privacy Policy will constitute your consent to those changes. However, NetCube will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

Contact Information

Should you have any questions or concerns regarding privacy while using our Website, Subdomain URLs, API and/or Services, please send us a detailed message to contact@apiflash.com, and NetCube will use its best endeavours to resolve your concerns.

Effective Date of Privacy Policy: May 13, 2020.