Last Updated: January 1, 2023

This Privacy Policy (“Policy“) describes how ACN Communication Services, LLC dba Flash Mobile (“Flash Mobile“) will collect, access, use and disclose information concerning you, including your personal information and payment information. We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This document will provide information about Flash Mobile’s policy relating to the collection, use, and disclosure of personal information and of your right to limit such collection, use, or disclosure. This Policy applies to information we collect on this site, including without limitation, via form submissions, purchases, tracking tools as well as by email, text, and other electronic messages between you and Flash Mobile. 

For purposes of this Policy, “you“, “your“, “customer“, “user” and similar terms mean an account holder or user with Flash Mobile.  ”Flash Mobile“, “we“, “us“, “our” and similar terms mean ACN Communication Services, LLC and its affiliates doing business as Flash Mobile.

The website includes, but is not limited to, all other sites owned and operated by Flash Mobile that redirect to the website, all subdomains provided through such other sites, and all downloadable applications, features, functionality, content, or information that is made available or provided on the website. The website is made available to you for the purposes of providing you with access to information about Flash Mobile and its product offerings. For your protection, we utilize a Secure Socket Layer (SSL) on all pages that require you to complete personal information.

This Policy also applies to our use of what our industry calls “Customer Proprietary Network Information” (“CPNI“). CPNI relates to the use of Flash Mobile voice services. It includes the length of calls, the phone numbers that customers call and similar information. CPNI does not include information, such as name, telephone number and email address.

This Policy applies to all of our products, services, and websites (“Services“). A few of our Services may be covered by different privacy policies and, in the event of a conflict between the two, the product- or service-specific policy governs. For example, we may have a separate policy or agreement for certain products, services, or brands. We may also give you extra notices about your personal information.

By voluntarily providing us with personal information through the use of Services and the website, you are consenting to its collection, use and disclosure in accordance with this Privacy Policy. You acknowledge and agree that such personal information may be transferred from your current location to the offices and servers of Flash Mobile and authorized third parties referred to herein located in the United States.

By using the Flash Mobile service and website you are consenting to the practices described in this Privacy Policy.

• Information Collected
• Use Of Information Collected
• Customer Proprietary Network Information
• Information We Share
• Information Security
• Information Choices and Changes
• Children and Flash Mobile
• Conditions Of Use, Notices, and Revisions
• Contacting Us
• Updates To This Policy
• California and Other State Consumer Privacy Act Supplemental Notice

Information We Share

We share personal information only as described below and with affiliates or contracted business support service providers that either are subject to this Privacy Policy or follow practices meeting the practices outlined in this Privacy Policy. We may share information that is anonymized or in an aggregated form that does not directly identify you. We do not share your personal or payment information or CPNI with third parties other than as follows and, with respect to CPNI, subject to the foregoing section labeled “Customer Proprietary Network Information”:

Related Parties and Service Providers.

We may share information with our subsidiaries, affiliates, and related parties to the extent we deem appropriate for our business purposes. We may use payment card information in connection with services you subscribe to offered by our affiliates.  We may also share information with third parties who perform services on our behalf, and such third parties may use such information to the extent we may use it under this Privacy Policy (e.g., to communicate with you, collect payment from you, etc.).

Group Account Holders.

We may offer group accounts to business and government customers, family customers and other group account holders (“Group Accounts”). The account holder for Group Accounts is the entity or person that buys the service or product for its employees, family members or other authorized users. You (as the user of a device) may receive service, certain pricing, terms, or other benefits through a Group Account with us. We may share with the Group Account holder customer registration and other information related to your use of our services.

Other Third Parties with Your Consent.

We may share information with other third parties with your consent. For example, you may agree to our sharing your information with other third parties to hear about their products and services. Use of the information you agree to share will be subject to those third parties’ separate privacy policies.

Disclosures to Third-Party Application and Service Providers.

You may choose to use services and products offered by third parties through our Services or devices like third-party applications. When you leave our network, you may also use mobile roaming services provided by third parties. Your use of such services and applications may result in these third parties collecting your information and obtaining information from Flash Mobile, including location information (when applicable). You may also choose to give information directly to third parties when using our Services. In each case, information you give a third party will be subject to its terms, conditions, and policies; not this Policy. You should review a third party’s privacy policy and terms of service before providing your information or using the service.

Business Transfers.

Information may be disclosed as part of any merger, acquisition, sale of company assets or transition of service to another provider. In the unlikely event of an insolvency, bankruptcy or receivership, information may also be transferred as a business asset.

Protection of Flash Mobile and others.

We may access, monitor, use or disclose your information or communications to:

• Comply with the law or respond to lawful requests or legal process;
• Protect the rights or property of us, our agents, members, our customers, and others, including to enforce our agreements, policies and terms of use;
• Respond to emergencies;
• Initiate, render, bill, and collect for services; or
• Facilitate or verify the appropriate calculation of taxes, fees, or other obligations due to a local, state, or federal government requirement, or determine eligibility for government benefits.

Information Security

We design our systems with your security and privacy in mind. While no method of processing, transmission, or storage is 100% secure, Flash Mobile has instituted robust security measures to provide protection to your data. Therefore, despite our efforts, we cannot guarantee its absolute security. WE DO NOT WARRANT OR REPRESENT THAT PERSONAL INFORMATION ABOUT YOU WILL BE PROTECTED AGAINST, LOSS, MISUSE, OR ALTERATION BY THIRD PARTIES.

• We work to protect the security of your personal information during transmission by using reasonable encryption protocols and software.
• We and our trusted vendors follow and attest to our compliance with the Payment Card Industry Data Security Standard (PCI DSS) with respect to credit and debit card data.
• We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of personal information. Our security procedures mean that we may ask to verify your identity before we disclose personal information to you.
• It is important for you to protect against unauthorized access to your password and to your computers, devices, and applications. We recommend using a unique password for your Flash Mobile account (should you have one) that is not used for other online accounts. Be sure to sign off when you are finished using a shared computer. Never share your password with anyone and contact us immediately if you believe your password has been compromised.
• Flash Mobile will never request sensitive personal information through email. Do not respond to emails requesting credit information, account numbers, passwords or PINs. Call Flash Mobile to verify the legitimacy of the email.

Information Choices And Changes

Whether you are a visitor to an ACN site or have an account in a self-service portal, you have options as to how your information is used that you can select.

• As described above, you can choose not to provide certain information, but then you may not be able to take advantage of specific services, have fulfilled certain products, or receive support.
• You can add or update certain information on pages within your account profile if you have an account with Flash Mobile.
• You may register a do-not-contact request by calling customer care or sending an email to customer care at the email address specified on our site. If you do not want to receive email or other communications from us, please adjust your preferences in the self-service portal relevant to your relationship status with ACN. You can also opt-out from ACN promotional emails by selecting the unsubscribe link in the footer.
• If you register a do-not-contact request, we may still contact you for non-promotional purposes, such as emails about your accounts or our ongoing business relations.
• The Help feature on most browsers and devices will tell you how to prevent your browser or device from accepting new cookies or other identifiers, how to have the browser notify you when you receive a new cookie, or how to block cookies altogether. Because cookies and identifiers allow you to take advantage of some essential features of the Flash Mobile site(s), we recommend that you leave them turned on. For more information about cookies and other identifiers, visit www.allaboutcookies.org. We also use browser “log files” which record certain information when you visit our sites, including your IP address.
• If If you want to browse our websites without linking the browsing history to your account, you may do so by logging out of your account and blocking cookies on your browser.
• You will also be able to opt out of certain other types of data usage by updating your settings on the applicable ACN site(s) or application.
• Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “do not track” signals.

In addition, to the extent required by applicable law, you may have the right to request access to or delete your personal information. If you wish to do any of these things, please contact the ACN Privacy Officer. Depending on your choices regarding cookies and privacy settings, certain services may be limited or unavailable.

Children and Flash Mobile

Flash Mobile does not sell services or products for purchase by children. This site is not directed to children, and Flash Mobile does not knowingly collect information from children under 13 without verifiable parental consent. If you are under 18, you may use Flash Mobile only with the involvement of a parent or guardian.

Conditions Of Use, Notices, and Revisions

Flash Mobile makes reasonable efforts to comply with the terms of this Privacy Policy and applicable law regarding the processing of your Personal Data. Except as provided by applicable law, Flash Mobile shall not be responsible for direct or indirect damages that may result from non-compliance with this Privacy Policy. Your use of our sites and any dispute over privacy is subject to this Policy and application of the law of the state of North Carolina. If you have any concern about privacy at Flash Mobile, please contact us with a thorough description and we will try to resolve it. Our business changes constantly and our Privacy Policy will change also. You should check our websites frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of information collected in the past without the consent of affected individuals.

Should you have any questions with respect to the Flash Mobile Privacy Policy or if you do not consent to, or would like to limit, the manner in which information about you is collected, used, or disclosed, please contact the Flash Mobile Privacy Officer in writing at ACN Communication Services, LLC, 1000 Progress Place, Concord, NC 28025-2449 or via email at privacyofficer@acninc.com. You may also contact Customer Care via chat or through the virtual assistant by visiting the Flash Mobile website.

Updates to This Policy

We may change this Policy at any time, so please be sure to check back periodically. You can tell if this Privacy Policy has changed by checking the last updated date that appears at the beginning of this Privacy Policy. We may, but are not obligated to, provide you with notice in case of any material changes made to this Privacy Policy. You should not continue using the Services if you do not agree with the version of this Privacy Policy in effect at that time. By continuing to use the Services, you agree and accept the version of this Privacy Policy in effect at that time. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. The most current version of this Policy will be available at all times at flashmobile.com.

California and Other State Consumer Privacy Act Supplemental Notice

Effective January 1, 2020

Last Updated January 1, 2023

In accordance with the California Consumer Privacy Act (CCPA), and when applicable, other state consumer privacy laws, including in Connecticut, Colorado, Virginia and Utah, Flash Mobile includes the following additional details and/or provisions to our above Privacy Policy

Information We Collect About You

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or device (“Personal Information”). Specifically, our Website has collected one or more data elements listed in the following categories of Personal Information designated with “Yes” in the “Collected” column within the last twelve (12) months:

Personal information does not include:

• Publicly available information from government records.
• Aggregated or deidentified consumer information.
• Information excluded from the CCPA’s scope, like:
  
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), other similar state laws or clinical trial data (only in the case of employees); and
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (CalFIPA), and the Driver’s Privacy Protection Act (DPPA) of 1994.

Flash Mobile will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Our Business Purposes

We use the personal information we may have about you to accomplish our business purposes, including:

• To conduct data analysis (e.g., to improve the efficiency of our services);
• To conduct audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements;
• To monitor for fraud and security purposes; for example, to detect and prevent cyberattacks or attempts to commit identity theft;
• To develop new products and services;
• To consider ways for enhancing, improving, or modifying our current products and services;
• To identify usage trends; for example, understanding which parts of our services are of most interest to users;
• To determine the effectiveness of our promotional campaigns so that we can adapt our campaigns to the needs and interests of our users; and
• For operating and expanding our business activities; for example, understanding which parts of our services are of most interest to our users so we can focus our energies on meeting our users’ interests.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.

Disclosure of Your Information

We do not sell, share, trade, or rent User’s Personal Information to others and we have not done so during the preceding twelve (12) months.

We may disclose Personal Information that we collect, or you provide, as described in this Privacy Policy to/for the following:

• Our subsidiaries and affiliates; Our contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
• A buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Flash Mobile’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Flash Mobile about our Website users is among the assets transferred;
• The purpose for which you provide it;
• Any other purpose disclosed by us when you provide the information; and
• Your consent.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Flash Mobile has disclosed the following categories of personal information for a business purpose: (A) Identifiers, (B) Commercial Information, (C) Internet or Other Similar Network Activity.

Right to Know and Data Portability Rights

You have the right to request that Flash Mobile disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable request (see Exercising Right to Know, Data Portability, Correction and Deletion), we will disclose to you:

• The categories of Personal Information we collected about you;
• The categories of sources for the Personal Information we collected about you;
• Our business purpose for collecting that Personal Information;
• The categories of third parties with whom we share that Personal Information;
• The specific pieces of Personal Information we collected about you (also called a Data Portability request); and
• If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
  
  • sales, identifying the Personal Information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Right to Correction

You have the right to request that ACN correct inaccurate information that it maintains about you. Once we receive and confirm your verifiable request (see Exercising Right to Know, Data Portability, Correction, and Deletion), we will confirm the correction, if applicable and appropriate. ACN may deny a request to correct if it “determines that the contested personal information is more likely than not accurate based on the totality of the circumstances.”

Deletion Request Rights

You have the right to request that Flash Mobile delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable request (see Exercising Access, Data Portability, and Deletion Rights below), we will delete, and direct our service providers to delete, your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to accomplish any of the following.

• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another individual to exercise their free speech rights, or exercise another right provided for by law. .
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.) or other similar state laws.
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the right to know, data portability, and deletion described above, please submit a verifiable request to us by either:

• Submitting a request at ACN Communication Services, LLC, ATTN: Privacy Officer, 1000 Progress Place, Concord, NC 28025-2449; or
• Sending an email to privacyofficer@acninc.com.

Only you, or a person properly authorized to act on your behalf, may make a verifiable request related to your personal information. You may also make a verifiable request on behalf of your minor child.

Your request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable request does not require you to create an account with us. We will only use personal information provided in a verifiable request to verify the requestor’s identity or authority to make the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA or other state privacy rights. Unless permitted by CCPA or other state privacy laws, as applicable, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of services, products, or support; or
• Suggest that you may receive a different price or rate or a different level or quality of services, products, or support.

However, we may offer you certain financial incentives that can result in different prices, rates, or quality levels. Any financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Right to Appeal

If you believe that ACN has failed to take appropriate action in response to your privacy rights requests or you believe that we have denied your request improperly, you may appeal by contacting our Privacy Officer, 1000 Progress Place, Concord, NC 28025-2449; or privacyofficer@acninc.com.

Retention of Your Personal Information

We may retain your personal information for as long as necessary to fulfill the purpose for which it was collected or to comply with legal or regulatory requirements. We strive to retain your personal information no longer than is reasonably necessary to carry out the purposes listed in this Notice or as required by law.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their own direct marketing purposes. To make such a request, please submit a request at privacyofficer@acninc.com.