Data Use & Privacy Policy
This Data Use and Privacy Policy (the “Policy”), effective as of the latest revision date set forth below, applies to all websites and other online resources (the foregoing, individually and collectively, the “Services”) owned or operated by Fluence International, Inc. (“Fluence”). This Policy sets forth how you may use Fluence’s Services, how Fluence collects and uses personal data and your rights regarding such personal data.
Fluence reserves the right to revise, amend and/or update this Policy at any time in its sole discretion and without prior notice. As a condition of accessing and/or using any Services, you agree that it is your sole responsibility to review the latest version of this Policy each time you use any of the Services to ensure that you are aware of any changes to Policy terms. If you do not agree to the Policy terms then in effect, you do not have Fluence’s permission to access and/or use the Services and you must discontinue all access to and/or use immediately.
This Policy is a legally binding agreement between you and Fluence, which supersedes and replaces any prior agreement between you and Fluence regarding the Services.
As a condition of accessing and/or using any Services, you certify that you are at least eighteen (18) years of age and that you understand and may legally adhere to this Policy. Fluence assumes no responsibility for any liabilities arising from and/or relating to age misrepresentation. Fluence does not knowingly collect or store personal information from persons under eighteen (18) years of age.
Acceptable Use
Your access to and/or use of the Services is conditional and may be restricted or revoked by Fluence at any time in its sole discretion and without prior notice. You agree that you shall not use the Services, including any related resources or components, for purposes of:
(1) engaging in, advocating and/or promoting any illegal activity;
(2) harassment, abuse and/or any other offensive behavior (as determined by Fluence in its sole discretion);
(3) distribution and/or use of malware, spyware, spam, phishing, email harvesting and/or any other form of interference with the legitimate business purposes of Fluence and/or the Services; and/or
(4) excessive use of hardware, software, data or other resources that would have the effect of degrading the performance and/or function of the Services.
Fluence does not endorse the use of psychedelic substances outside of an approved healthcare setting or the buying, selling and/or use of any substance in violation of applicable laws. Any use of the Services that, in Fluence’s sole discretion, constitutes support for, promotion of, endorsement of and/or an offer to engage in buying, selling and/or use of a psychedelic substance outside of an approved healthcare setting and/or in violation of applicable laws is a violation of the terms of this Policy and is grounds for immediate suspension or termination of your right to use the Services.
Intellectual Property
As a condition of accessing and/or using any Services, you acknowledge and agree that all Fluence text, images, data, information, materials, products, and services are the sole and exclusive property of Fluence—including its affiliates, directors, officers, employees, and/or agents, as applicable—including any related copyrights, trade secrets, trademarks, patents, and/or other intellectual property. You further agree that you will not reproduce or redistribute such materials and/or intellectual property in any way, including electronically, digitally, or via new trademark registrations without the express written consent of Fluence. By uploading and/or publishing any content on any Fluence-operated website and/or online resource, you agree to grant an irrevocable, perpetual, royalty-free, non-exclusive license to Fluence to display, use, copy, transmit, and/or broadcast such content.
Data Controller
As used herein, the term “Designated Countries” shall refer to member countries of the European Union (EU), European Economic Area (EEA), and Switzerland. For purposes of the Designated Countries’ data privacy and security laws, or any other substantially similar laws which may apply, Fluence International, Inc. is the controller of any information that relates to an identified or identifiable individual provided to, or collected by or for, or processed in connection with the Services (“Personal Data”). For the purposes of the General Data Protection Regulation (“GDPR”), Personal Data shall also include any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
Data Collection
Except to the extent prohibited or restricted by applicable law, Fluence collects information that users of the Services voluntarily disclose, which may include (but is not limited to) first and last name, email, physical address, resume, employment status, employment history, biographical data, professional conduct and discipline records and other demographic information. Fluence may also collect information arising from your interactions with its website to be used for research, marketing and/or site improvement purposes.
Except to the extent prohibited or restricted by applicable law, Fluence websites may also collect and store certain information automatically, such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. Other data collection technology, such as cookies, beacons, tags and scripts or similar technologies may be used by Fluence, its affiliates and/or service providers. Such collection, whether on an individual or aggregated basis, is used for marketing research, site administration, and monitoring/improving the user experience. Users can control the use of cookies by accessing their browser options, bearing in mind that disabling the use of cookies may limit the user’s ability to access certain features or areas of the Services.
For users located outside the Designated Countries, Fluence may also collect (or rely on others who collect) information about your access device whether or not you have actively engaged with the Services, including, but not limited to AD-ID, IP address, operating system and/or browser information.
Fluence Data Use
Fluence data collection is used for (but is not limited to) the purposes of:
(1) verifying identity, professional history and/or qualifications;
(2) processing registration(s)/ membership(s) and/or otherwise managing any business relationship with users;
(3) providing access and/or improvements to the Services;
(4) publishing anonymized, non-personally identifying information about Fluence’s customers and/or users;
(5) process payments to or from users;
(6) marketing communications;
(7) internal record-keeping and business administration; and/or
(8) market research and statistical analysis.
Fluence data collection and use does not include:
(1) selling or disclosing personally identifying information to third parties for marketing purposes or otherwise than as reasonably required to provide the Services;
(2) active or “real-time” location tracking; and/or
(3) using personally identifying information for the purpose of unsolicited direct marketing.
Upon written request, Fluence will make commercially reasonable efforts to provide you with information about any of your personal information stored by Fluence. You may request that Fluence review, correct, update, delete inaccuracies and/or change such stored information. Residents in the Designated Countries and other regions may have additional rights under applicable law.
Third-Party Data Collection and Use
Fluence may allow third parties to display and/or manage advertisements as part of the Services. Such third-party providers may use technologies such as cookies to gather information about your use of the Services to display advertisements based on browsing activities and interests. If you are located in the Designated Countries and do not want to have this information used to display interest-based ads, you may opt-out of interest-based ads by emailing us at info@fluencetraining.com. Please note that opting out of interest-based ads does not disable the display of generic, non-targeted advertisement.
The Services may include third-party social media features, such as Facebook, Instagram, or other similar services’ sharing features, buttons, widgets and/or programs, whether hosted by the third party or directly on Fluence-operated websites. Such features may collect your IP address, the page(s) you visit, and may set cookies to enable the feature to function. All interactions with such third-party features are subject to the privacy policy of the company providing such feature(s).
Please be aware that the Services may include links to other websites or services that are not owned or operated by Fluence. Fluence is not responsible for the privacy practices of such other websites and/or services. It is your responsibility to be aware of when you are leaving a Fluence-owned and/or operated website and to read the privacy statements of any other website you may visit.
User Profiles and Credentials
The Services may include the option to create a user profile, which may be accessible to other users or members though typically not to the general public. You may request to be unenrolled from certain services such as email groups and discussion boards by contacting us at info@fluencetraining.com with your request.
The Services may also include the creation and storage of digital credentials for users, including (but not limited to) badges, certificates of course completion, and/or inclusion in a Fluence-curated directory of therapists. Fluence does not advertise, market and/or actively disclose the digital credentials of users to the public, nor is such information readily accessible to ordinary users of Fluence websites. However, because such information is available through Fluence websites, it is theoretically possible for a third-party to view such information and/or for that information to be included in various automated data-collection processes such as search engine algorithms, indexing and/or API services. If you do not want such credentialing information to be included in Fluence websites, at the time you are issued a badge, certificate and/or other digital credential from Fluence, or at any time thereafter, you may mark your credential as private by changing the settings on your credential owner page. Please bear in mind that, by default, your credentialing information will be included in Fluence websites unless you mark the credential as private. Please bear in mind that removal of stored information may take several business days.
User Publications
The Services may include voluntary user publications such as blogs, discussions boards, community forums, directory listings, and/or group emails. Any information you provide to such publications may be accessed, collected, stored and/or used by others with access to the publication. If you are unable to remove information you have published through the tools available via the publication method (such as post deletion), you can request the removal of your personal information from publicly accessible publications, by contacting: info@fluencetraining.com. Please note that, despite commercially reasonable efforts by Fluence to remove such information upon request, in some cases, you may not be able to remove all or specific portions of information you have provided.
Therapist Directory (Optional)
Upon completion of the required coursework, if you elect to be included in Fluence’s Psychedelic Therapist Directory, you understand and accept that all credentials supplied by you for inclusion in the Directory will be publicly available on Fluence’s Directory website. If you do not wish to be included in the Directory or would like to have your name and information removed from the Directory please send notice to us at info@fluencetraining.com. Upon notice, Fluence will act promptly to remove your information, but please bear in mind that removal of Directory information may take several business days.
Consent to Marketing Communications
Except to the extent prohibited or restricted by applicable law, as a condition of using the Services, you consent to Fluence communicating with you from time to time by email for marketing and/or other legitimate business purposes, including (but not limited to) requesting program feedback and/or receiving course alerts, communications and follow-up materials. Fluence may also send you routine business communications such as welcoming emails, requests to verify username/password, notifications of services changes and/or outages, newsletters, invitations for upcoming events, survey/research participation, or other similar messages regarding Fluence’s products and/or services. Fluence also may communicate with you in response to questions, to provide additional services and/or to manage your account.
You may unsubscribe to Fluence’s emails at any time by following the unsubscribe instructions contained therein. You also can change your email preferences for course alerts, communications, and follow up emails in the Learning Management System (“LMS”) and can elect to stop receiving all course follow-up communications by closing out your LMS system account. However, if you choose to close your LMS account you will longer be able to access course materials. Please be aware that unsubscribing from one form of Fluence business communication may not unsubscribe you from other forms. Customer service communications are not subject to this opt-out policy and if you do not want to receive such communications you must cease use of the Services.
Disclosure of Personal Information
Fluence may disclose users’ personal information to the extent required to:
(1) comply with applicable law or the lawful order of a court or other tribunal;
(2) comply with the lawful request of a U.S. state, federal or municipal agency,
(3) protect the rights, business interests and/or or property of Fluence and/or its affiliates; and/or
(4) protect the personal safety of users and/or the public.
From time to time, and subject to applicable laws, Fluence may also disclose personal information to third-party vendors for the purpose of providing services to Fluence such as ASP hosting, online identity verification, payment processing, and/or marketing. Fluence shall make commercially reasonable efforts to ensure that any such providers have substantially equivalent security and confidentiality policies regarding your personal information.
Data Security
Fluence strives to keep users’ personal information secure at all times and follows generally accepted industry practices to protect personal information received and/or stored by Fluence. User account information is located on a secured server behind a firewall. In some cases, Fluence may need to collect sensitive information to facilitate payments to or from users including bank account (ACH), wire transfer information, PayPal, Venmo and/or other payment service account information. Such information is encrypted by secure socket layer technology (SSL). As a condition of accessing and/or using any Services, you hereby certify that (1) you understand that no form of electronic communication, storage and/or encryption can be guaranteed to be secure in all cases; (2) that all forms of electronic communication, storage and/or encryption carry certain inherent risks of failure, user error, breach, misuse and/or unauthorized access; and (3) you accept any and all risks associated with such communication, storage and/or encryption.
General Data Protection Regulation (GDPR) Compliance
Fluence complies with the requirements of the GDPR wherever applicable. As a controller of Personal Data, Fluence has implemented technical and organizational measures to ensure the protection of Personal Data processed through its website and online learning platform. However, all internet-based data transmissions may in principle have security gaps and absolute protection of your Personal Data cannot be guaranteed. As a condition of accessing and/or using any Services, you hereby acknowledge and accept all risks in connection with internet-based data transmission of your Personal Data.
Pursuant to the requirements of the GDPR, for persons located in the Designated Countries, Fluence may process Personal Data under the following conditions:
(1) Consent: You have given your consent for processing Personal Data for one or more specific purposes.
(2) Performance of a Contract: Provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
(3) Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which Fluence is subject.
(4) Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
(5) Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in Fluence.
(6) Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests of Fluence.
Fluence undertakes to respect the confidentiality of your Personal Data and to ensure that you can exercise your rights. You have the right under this Policy, and by law if you are within the Designated Countries, to:
(1) Request Access to Personal Data: The right to access, update, delete or receive a copy of your Personal Data in Fluence’s possession.
(2) Request Correction of Personal Data: You have the right to have any incomplete or inaccurate information about you corrected.
(3) Object to Processing of Personal Data: This right exists where Fluence relies on a legitimate interest as the basis for processing and there is something about your particular situation, which causes you object to our processing of your Personal Data on that basis. You also have the right to object where Fluence processes your Personal Data for direct marketing purposes.
(4) Request Transfer of Personal Data: We will provide to you, or to a third-party you have designated, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for Fluence to use or where Fluence used the information in connection with a contract with you.
(5) Automated Individual Decision-Making: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you, or which significantly affects you, as long as the decision: (i) is not is necessary for entering into, or the performance of, a contract between you and Fluence, or (ii) is not authorized by the law of one or more of the Designated Countries to which Fluence is subject and which also lays down suitable measures to safeguard your rights and legitimate interests, or (iii) is not based on your express consent. If the decision is necessary for entering into, or the performance of, a contract or is based on your consent, you may request human intervention in decision-making, express your views, and contest the decision.
(6) Withdraw Your Consent: You have the right to withdraw your consent to Fluence’s use of your Personal Data. If you withdraw consent, Fluence may not be able to provide you with access to certain specific functionalities of the Services.
You may exercise your rights of access, correction, cancellation and opposition by contacting Fluence at: info@fluencetraining.com. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, if you are in the Designated Countries please contact your local data protection authority.
If you are located in the European Union and have an unresolved privacy or data use concern, please contact the EU Data Protection Authorities (DPAs) at: https://edpb.europa.eu/about-edpb/about-edpb/members_en
If you are located in Switzerland and have an unresolved privacy or data use concern, please contact the Swiss Federal Data Protection and Information Commissioner (FDPIC) at https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html
Consent to U.S. Data Collection
As a condition of accessing and/or using any Services, you shall be deemed to consent to your personal data being collected in, transferred to and/or processed in the United States of America, subject to any applicable U.S. federal and/or state law(s) and/or regulation(s). Please be aware that U.S. data protection and/or privacy laws may differ substantially from the laws and regulations applicable in other jurisdictions. Fluence does not make any representation or guarantee regarding the application of specific data protection and/or privacy laws. As a condition of accessing and/or using any Services, you understand and agree that it is your responsibility to understand and comply with the data protection and privacy law of any jurisdiction in which you access the Services.
Disclaimer and Waiver of Liability
The content of the Services is provided for information and educational purposes only. The Services may include discussion of and professional training regarding the use of psychedelic substances in a therapeutic setting. Even when used correctly under medical and/or therapeutic supervision, psychedelic substances are powerful and have the potential to cause harm. They may cause and/or aggravate physical, mental and/or emotional disorders, and their use may result in undesired and persistent consequences. The use of psychedelic substances with the assistance of and under the supervision of healthcare professionals trained in psychedelic assisted therapy remains experimental. Potential patients and healthcare professionals have the responsibility to fully educate themselves before considering or attempting any experimental treatment.
Accordingly, as a condition of using the Services, including any related groups, social media accounts, LMS, email, training courses, or any other Fluence product, service and/or communication, you hereby acknowledge and agree that:
- the products and services you receive from Fluence are not offered as a substitute for professional mental health care and/or medical care and are not intended to diagnose, treat, cure or prevent any disease, illness, mental health and/or medical conditions.
- Fluence makes no claims about the specific individual results or outcomes that may occur or their permanency.
- content provided by Fluence is solely for the purpose of professional education and you must use any Fluence-provided content consistent with your professional responsibilities and discretion, within your established scope of practice and in accordance with any applicable local, state, and federal laws; and
- you are fully responsible for your well-being and decisions in connection with any of the Services offered by Fluence as well as for assessing the relevance and accuracy of the content of the Services.
Please consult a trusted health care provider, a qualified physician or therapist when dealing with physical and/or mental illness or disease, before making any health care decisions, or for guidance about a specific medical condition.
As a condition of accessing and/or using any Services, you hereby agree that Fluence is not liable for any damages that may occur as a result of and/or in connection with your use or misuse of the Services and/or any advice provided as part of the Services and/or any Fluence training course. You further agree to release, indemnify and hold harmless Fluence—including its affiliates, directors, officers, employees, and/or agents—against any and all claims, losses, damages, liabilities, penalties, expenses, legal fees and costs of any kind or amount whatsoever arising out of and/or relating to your access to and/or use of the Services and/or any advice received from Fluence.
Severability
If any provision of this Policy is found to be invalid or unenforceable in whole or in part, all other provisions (or portions thereof) shall nevertheless continue to be valid and enforceable to the maximum extent permitted by law with only the invalid or unenforceable portion severed from the Policy.
Applicable Law & Venue
As a condition of accessing and/or using any Services, you agree and consent that:
- the laws of the state of the New York, without regard to principles of conflict laws, shall govern any dispute, controversy and/or claim that may arise between Fluence—including its affiliates, directors, officers, employees, and/or agents—and you;
- the sole and exclusive forum for any dispute, controversy and/or claim arising out of or relating to your use of the Services shall be a state or federal court of competent jurisdiction located within the State of New York, New York County; and
- you submit to the personal jurisdiction of and waive any forum non conveniens arguments with respect to the foregoing courts for purposes of any dispute, controversy and/or claim between you and Fluence.
Contact
If you have any questions about this Policy, please contact Fluence at:
Fluence International, Inc.
ATTN: Data Use & Privacy Policy
132 West 169th St #3B Bronx, NY 10452
Revised: October 21, 2024