Effective Date: May 11, 2026

Last Revised: May 1, 2026

Terms of Use and Privacy Policy

Article 1: Introduction 

Please read this Terms of Use and Privacy Notice (this “Agreement”) carefully before using any websites, logged-in training products, learning management system(s), credentialing pages (including directories), and any mobile applications operated by Fluence International, Inc. (“Fluence,” “we,” “us,” or “our”). Together, the referenced websites, systems, pages, and applications are the “Services.” The Services include both Services delivered directly by Fluence and Services delivered through partners.

This Agreement sets forth (i) how you may use the Services, (ii) how Fluence collects and uses personal data, and (iii) your rights regarding such personal data.

This Agreement is a legally binding agreement between you and Fluence, and supersedes and replaces any prior agreement between you and Fluence regarding the Services.

The Services may be offered directly by Fluence or through business-to-business (B2B) or business-to-consumer (B2C) partners (for example, your employer, program sponsor, training provider, or platform partner). Where a partner provides you access to the Services, your relationship with that partner may also be governed by the partner’s policies.

Article 2: Permission and license

Your access to and use of the Services is a limited, revocable permission and license conditioned on your compliance with this Agreement. Fluence may withdraw this permission at any time.

Your access to and use of the Services may be subject to a payment and refund policy. That policy may obligate you or the organization through which you access Fluence. Such policies are incorporated by reference into this Agreement. If you fail to perform your obligations under such policy, or if an organization through which you access the Services fails to perform its obligations under such policy, Fluence reserves the right to withdraw your permission to access the Services. 

Fluence reserves the right to revise, amend, and/or update this Agreement 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 Agreement each time you use any of the Services to ensure that you are aware of any changes. If you do not agree to the Agreement, 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.

If material changes are made to this Agreement that require updated notice and consent under applicable law, Fluence will provide that notice and an opportunity to consent. 

Fluence may modify, suspend, or discontinue any portion of the Services at any time, including features, content, functionality, availability, integrations, and/or supported devices. Where reasonably practicable, Fluence will make commercially reasonable efforts to provide advance notice of material changes that adversely affect access to paid Services, but Fluence is not obligated to provide notice in all cases.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not share your login credentials with any other person or permit any other person to access the Services through your account. If you access the Services through an employer, sponsor, government entity, healthcare provider, educational institution, or other organization, that organization may control account provisioning, role-based permissions, and/or termination of access, and Fluence may rely on that organization’s instructions regarding your account.

Article 3: Eligibility

As a condition of accessing and/or using any Services, you certify that you are at least 13 years of age (or the age of digital consent in your jurisdiction, if higher) and that you understand and may legally adhere to this Agreement. 

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 13 years of age. If you know that a person under the age of 13 is using the Services, please contact Fluence via info@fluencetraining.com or this here so that Fluence may take appropriate action. 

If you are under 18, you represent that you have permission from a parent or legal guardian to use the Services.

Article 4: 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. If you received a Code of Conduct during your onboarding process, you must follow that Code of Conduct at all times while using the Services. 

You agree that you will not use the Services, including any related resources or components, for purposes of:

• engaging in, advocating, and/or promoting any illegal activity;

• harassment, abuse, and/or any other offensive behavior;

• 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

• excessive use of hardware, software, data, or other resources that would have the effect of degrading the performance and/or function of the Services.

You also agree that you will not:

• use or attempt to use the Services or any other Fluence asset, product, or tool in ways that deviate from, are misaligned with, or do not conform to that Service, asset, product, or tool’s stated purpose, functionality, or use case; 

• attempt to reverse engineer, decompile, or otherwise discover the source code or underlying models used in the Services, except to the extent prohibited by law;

• scrape, crawl, harvest, mirror, cache, or index the Services (or any Fluence content, data, or materials) using automated means (including bots, spiders, scrapers, AI agents, or similar technologies), except as expressly permitted by Fluence in writing;

• use, copy, collect, or extract any content, data, materials, text, images, audio, video, assessments, training materials, directory listings, credentials, metadata, or other outputs from the Services (whether publicly available or behind a login) for the purpose of creating, training, fine-tuning, benchmarking, or improving machine learning or AI models, datasets, or similar technologies, except as expressly permitted by Fluence in writing;

• circumvent or attempt to circumvent any technical controls or instructions intended to limit automated access (including robots.txt, access controls, rate limits, CAPTCHAs, paywalls, authentication requirements, headers, anti-bot measures, or similar technologies);

• use the Services or any outputs to develop, train, or improve competing products or AI models, except as expressly permitted by Fluence in writing; or

• submit content that infringes others’ rights or violates applicable law.

• submit personal information or confidential information relating to any third party unless you are legally authorized to do so;

• use the Services in a manner that violates any applicable privacy, data protection, healthcare, professional licensure, confidentiality, export control, sanctions, or other law or regulation; or

• access or use the Services if you are located in a jurisdiction subject to comprehensive U.S. sanctions, if you are identified on a U.S. government restricted party list, or if such access or use would otherwise violate applicable export control or sanctions laws.

You are solely responsible for the lawfulness, accuracy, and appropriateness of any information, prompts, files, recordings, images, assessments, case studies, or other content you submit to the Services. Unless Fluence expressly instructs otherwise in writing, you should use de-identified, fictionalized, or otherwise non-identifiable information in educational exercises, prompts, simulations, and/or other user submissions.

4.1. Enforcement. 

Fluence may use technical measures to detect and prevent prohibited automated access (including rate limiting, blocking, or other controls). If Fluence reasonably believes you have violated this Section, Fluence may (in addition to any other rights or remedies) suspend or terminate your access, block your IP addresses or accounts, and pursue legal remedies (including injunctive relief) to prevent unauthorized scraping, copying, or use of Fluence content for AI training or dataset creation.

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 this Agreement and is grounds for immediate suspension or termination.

Article 5: AI Features; AI Use Disclosure

The Services may incorporate artificial intelligence (“AI”), including AI-enabled assistants, recommendation systems, automated content generation, and analytics. AI outputs may be inaccurate, incomplete, misleading, or inappropriate, and are not a substitute for professional advice. Any AI-generated output, recommendation, feedback, analysis, score, summary, simulation response, and/or other content made available through the Services is provided for informational and educational purposes only.

You are solely responsible for reviewing and evaluating any AI-generated output before relying on or using it. You may not rely on AI-generated output as the sole basis for any clinical, medical, mental health, diagnostic, treatment, supervisory, credentialing, disciplinary, employment, admissions, payer, legal, compliance, or patient-care decision.

Any avatar, simulation, or biomimetic feature made available through the Services is intended to support training and education only. Such features may simulate emotional responsiveness or infer engagement, affect, or similar states, but they do not and cannot reliably determine a person’s actual emotions, intentions, truthfulness, competence, impairment, diagnosis, or risk level.

Fluence may designate certain AI-enabled features as beta, pilot, preview, or experimental. Such features may have limited functionality, may contain errors, and may be modified, suspended, or discontinued at any time. Additional terms, disclosures, and/or consents may apply to such features.

Additional information about how Fluence uses AI is available in our AI Use and Disclosure.

Article 6: 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 any related copyrights, trade secrets, trademarks, patents, and/or other intellectual property).

You agree that you will not reproduce, redistribute, or otherwise exploit such materials and/or intellectual property in any way without the express written consent of Fluence.

Without limiting the foregoing, you may not use any Fluence content, data, or materials (including publicly available content) to create, train, fine-tune, benchmark, or improve any AI or machine learning model or dataset, except as expressly permitted by Fluence in writing.

By uploading and/or publishing any content on any Fluence-operated website and/or online resource, you grant Fluence a non-exclusive, worldwide, royalty-free license to display, use, copy, transmit, and/or broadcast such content to provide, operate, secure, and improve the Services. Note that any recordings uploaded during use of the Services will not be used in advertising, social media, or other public marketing without additional consent. 

If you provide Fluence with any suggestions, ideas, enhancement requests, recommendations, corrections, comments, ratings, survey responses, or other feedback relating to the Services (“Feedback”), you agree that Fluence may use, disclose, reproduce, modify, license, transfer, and otherwise exploit such Feedback for any lawful purpose without restriction, attribution, or compensation to you. Unless otherwise agreed in writing, Fluence has no obligation to treat Feedback as confidential.

Except for the license granted above, you retain ownership of your content. You represent and warrant that you have all rights necessary to submit such content and grant the license.

Article 7: Disclaimer

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 issues, 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, you 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 condition.

• 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 education. You must use any Fluence-provided content consistent with your responsibilities. 

• If you are a licensed clinician or work within a regulated profession, you must use any Fluence-provided content consistent with your professional responsibilities and discretion, within your established scope of practice, and in accordance with applicable laws.

• You are fully responsible for your well-being and decisions in connection with the Services, as well as for assessing the relevance and accuracy of the content.

The Services are not intended for use in an emergency or crisis situation and are not a substitute for emergency response, crisis intervention, medical care, mental health treatment, or other professional 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. Fluence does not undertake any duty to monitor the Services for urgent messages, crisis communications, threats of harm, clinical deterioration, or other emergencies. If you believe you or another person may be in danger, call 911, contact local emergency services, or seek immediate assistance from a qualified emergency or crisis resource.

Your use of the Services does not create a physician-patient, therapist-patient, supervisory, fiduciary, or other professional treatment relationship between you and Fluence or between you and any Fluence personnel, instructors, contractors, or representatives. Fluence does not provide medical advice, mental health advice, diagnosis, treatment, supervision, consultation, referral services, or legal advice through the Services.

If you are a licensed clinician or work within a regulated profession, you remain solely responsible for your own professional judgment, patient screening, informed consent, safety planning, supervision, documentation, recordkeeping, legal compliance, and scope-of-practice compliance. Completion of a Fluence course, receipt of a badge or credential, listing in a directory, or use of any Fluence tool does not constitute licensure, certification, privileging, endorsement, supervision, or a representation of clinical competence beyond the completion criteria expressly identified by Fluence.

The Services may include simulations, case studies, roleplay, training scenarios, and other educational content involving trauma, crisis, mental illness, substance use, altered states, or other sensitive subject matter. Such content may be intense, emotionally challenging, or distressing. You are responsible for deciding whether to continue using the Services and should discontinue use and seek appropriate support if you experience distress.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Article 8: Limitation of Liability

To the maximum extent permitted by law, Fluence will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business interruption, arising out of or relating to the Services.

To the maximum extent permitted by law, Fluence’s total liability for all claims arising out of or relating to the Services will not exceed the amount you paid to Fluence for the Services in the 12 months before the event giving rise to the claim.

Fluence Services may incorporate third-party plug-ins, tools, services, or other products. While Fluence uses reasonable care to select reliable vendors and products,  Fluence has no control over third party product functionality, maintenance, use, availability, outage restoration, or other factors that may limit the availability of these products. To the maximum extent permitted by law, Fluence will not be liable for, any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business interruption, arising out of or relating to the Services incorporation of third-party products or services. 

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Article 9: Indemnification

You agree to 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 information or education received from Fluence.

Fluence may assume the exclusive control of the defense of any matter subject to indemnification, and you will cooperate as reasonably requested. You may not settle any matter without Fluence’s prior written consent if the settlement imposes any liability or obligation on Fluence.

Article 10: Severability

If any provision of this Agreement is found to be invalid or unenforceable in whole or in part, all other provisions (or portions thereof) will nevertheless continue to be valid and enforceable to the maximum extent permitted by law with only the invalid or unenforceable portion severed.

Article 11: Applicable Law & Venue

This Agreement is governed by the laws of the State of New York, without regard to principles of conflict laws.The sole and exclusive forum for any dispute, controversy, and/or claim arising out of or relating to your use of the Services will 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 those courts and waive any forum non conveniens arguments.

Nothing in this section limits any rights you may have that cannot be waived under applicable law.

Article 12: Data Controller

As used in this Agreement, the term “Designated Countries” refers 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 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 purposes of the General Data Protection Regulation (“GDPR”), Personal Data includes information relating to an identified or identifiable individual, such as a name, identification number, location data, online identifier, or factors specific to physical, physiological, genetic, mental, economic, cultural, or social identity.

If you access the Services through a partner, the partner may be an independent controller of information it processes.

Article 13: 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 first and last name, email, physical address, resume, employment status, employment history, biographical data, professional conduct and discipline records, and other demographic information.

We may also collect information you submit to AI-enabled features, including prompts and related interaction data, and AI-generated outputs shown to you.

Fluence may also collect information arising from your interactions with its Services to be used for research, marketing, and/or site improvement purposes.

Except to the extent prohibited or restricted by applicable law, Fluence may also collect and store certain information automatically, such as IP addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

Cookies, beacons, tags, scripts, and 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 through browser settings, bearing in mind that disabling cookies may limit access to 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 AD-ID, IP address, operating system, and/or browser information.

Article 14: Fluence Data Use

Fluence uses collected data for purposes including:

• verifying identity, professional history, and/or qualifications;

• processing registrations and/or memberships and/or otherwise managing business relationships with users;

• providing access to and improving the Services;

• publishing anonymized, non-personally identifying information about Fluence’s customers and/or users;

• processing payments to or from users;

• marketing communications;

• internal record-keeping and business administration; and/or

• market research and statistical analysis.

We may use de-identified or aggregated information to improve the Services, including AI-enabled features. If we use identifiable information for AI model training, we will do so only with consent or an opt-out mechanism where required by applicable law.

Fluence data collection and use does not include selling or disclosing personally identifying information to third parties for marketing purposes or otherwise than as reasonably required to provide the Services.

Sometimes, Fluence Services may be provided to users through a party other than Fluence. Fluence may share data about users with those partners, and vice versa, to provide the Services. Fluence does not control how its Partners may use, handle, or process user data. Accordingly, Fluence encourages users accessing the Services through a relationship with another party to review that party’s terms of service, privacy notice, and/or similar documents or other data disclosures before using the Services. 

Fluence may use aggregated, anonymized, and/or de-identified information for internal analytics, product development, service improvement, quality assurance, and research and statistical purposes. Fluence will not use identifiable personal data for research where consent is required by applicable law unless such consent has been obtained. If Fluence conducts a specific research study, pilot, validation project, or similar initiative that requires additional notice or consent under applicable law, Fluence will provide such notice and obtain such consent at that time.

14.1. Protected Health Information; Sponsored Access

Unless Fluence expressly agrees otherwise in writing, the Services are not intended for the submission, storage, or processing of protected health information (“PHI”) regulated by the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). You may not upload, submit, or disclose PHI or other identifiable patient information through the Services unless Fluence has expressly authorized such use in writing.

Fluence is not acting as a business associate or subcontractor of a HIPAA covered entity or business associate solely by making the standard Services available. If Fluence agrees to receive, maintain, create, transmit, or otherwise process PHI on behalf of a covered entity or business associate, such activities will be governed by a separate written business associate agreement or other written agreement required by applicable law.

If you access the Services through an employer, sponsor, government entity, healthcare provider, educational institution, or other partner, Fluence may share information with that party as reasonably necessary to provide the Services and administer the relationship. Such information may include registration status, enrollment, attendance, participation, course progress, assessment results, credentialing status, directory status, support activity, and other account or usage information related to the Services made available through that relationship.

If you access the Services through such a relationship, that party may control certain aspects of your account, including provisioning, access rights, reporting, billing, retention of records it receives, and termination of access. Fluence is not responsible for the privacy, security, retention, disclosure, or other handling of information by such a party after information is disclosed to it consistent with this Agreement and the applicable relationship.

Article 15: Access, Correction, and Deletion Requests

Upon written request, Fluence will make commercially reasonable efforts to provide you with information about your personal information stored by Fluence. You may request that Fluence review, correct, update, delete inaccuracies, and/or change stored information.

Depending on your location, you may also have rights to access, correct, delete, obtain a copy of your data, opt out of certain processing (including targeted advertising and certain profiling), and appeal a denied request.

If you believe that content made available through the Services infringes your copyright, you may submit a written notice to Fluence’s designated copyright contact at info@fluencetraining.com or Fluence International, Inc., ATTN: Data Use & Privacy Policy, 132 West 169th St #3B, Bronx, NY 10452. Your notice should include sufficient information for Fluence to identify the allegedly infringing material, the basis for your claim, your contact information, and any other information reasonably requested by Fluence.

Fluence may remove or disable access to content alleged to be infringing and may terminate access to the Services for repeat infringers where appropriate.

Article 16: 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. That profile may be created, hosted, or managed by a third party. You may also be enrolled in email groups, discussion boards, and other similar features, depending on how you use the Services. You may request to delete your profile or be unenrolled from a group or feature by contacting info@fluencetraining.com or using this form. Removal of stored information may take several business days or require that the user contact a third party. 

The Services may also include the creation and storage of digital credentials for users, including badges, certificates of course completion, and/or inclusion in a Fluence-curated directory of therapists. See Article 18 of this Agreement for more information on digital credentials and directories. 

Article 17: User Publications

The Services may include voluntary user publications such as blogs, discussion 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 available tools (such as post deletion), you can request removal of your personal information from publicly accessible publications by contacting info@fluencetraining.com  or using this form. Despite commercially reasonable efforts, in some cases you may not be able to remove all or specific portions of information you have provided.

Article 18: Therapist Directory and Credentials (“Badges”)

You may elect to be included in Fluence’s Psychedelic Therapist Directory (“Directory”) by creating and publishing a Directory listing. 

Upon completion of required coursework, you may receive digital credentials (which may be called “Badges”) verifying your course completion. These credentials are public by default. If you wish to make your credentials private, please log into your directory profile and set them to private. 

If you elect to be included in the Directory, any digital credentials supplied to you by Fluence will be publicly available on Fluence’s directory by default. By creating and publishing a Directory listing, you consent to the publication of those digital credentials in the Directory.

However, if you do not wish for your credentials to be included in your Directory listing, please set your credentials to private in your user account. If you would like to have your name and information completely removed from the Directory, please unpublish your listing.

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 Services. However, because such information may be available through Fluence Services, it is possible for a third-party to view such information and/or for that information to be included in automated data-collection processes such as search engine indexing and/or API services.

To remove your credentials and your directory listing information from our system please notify info@fluencetraining.com or using this form. Upon notice, Fluence will act promptly to remove your information, but removal may take several business days.

Fluence does not endorse the mental health practitioners listed in the Directory and assumes no liability for their actions or non-actions. Questions about any practitioner’s qualifications or practice should be directed to the practitioner.

Article 19: 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 requesting program feedback and/or sending course alerts, communications, and follow-up materials.

You may unsubscribe from Fluence marketing emails at any time by following unsubscribe instructions in the email. Customer service communications are not subject to marketing opt-out.

Article 20: 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 lawful requests of governmental agencies;

3. protect the rights, business interests, or property of Fluence and/or its affiliates; and/or

4. protect the personal safety of users and/or the public.

Subject to applicable laws, Fluence may also disclose personal information to third-party vendors for the purpose of providing services to Fluence such as hosting, online identity verification, payment processing, marketing, analytics, learning management, credentialing, and communications. Fluence makes commercially reasonable efforts to ensure such providers have substantially equivalent security and confidentiality practices. We may also disclose information to partners that provide you access to the Services or receive reporting/analytics (for example, training completion and assessment reporting), consistent with this Agreement and any other applicable agreements.

Where the Services are provided through a sponsor, employer, government entity, healthcare provider, educational institution, or other partner, Fluence may also disclose training, participation, completion, assessment, credentialing, support, and related account information to that party as reasonably necessary to administer the Services and the applicable relationship. Contact the applicable entity for information on their data privacy standards.

Article 21: 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. Certain information may be encrypted using SSL or similar technologies.

No form of electronic communication, storage, and/or encryption can be guaranteed to be secure in all cases. You acknowledge that all forms of electronic communication and storage carry inherent risks of failure, user error, breach, misuse, and/or unauthorized access.

Article 22: Third-Party Data Collection and Use

To support delivery and enhancement of the Services, Fluence uses trusted third-party providers that perform services such as hosting, analytics, payment processing, video delivery, learning management, credentialing, and communications.

In providing these services, third parties may collect, process, or store information including device identifiers, browser types, IP addresses, interaction data, user preferences, and limited personal data (such as email addresses), depending on their function. These providers may also use cookies, scripts, and similar technologies.

Some third-party providers may be located in jurisdictions outside of your own. In such cases, Fluence uses appropriate safeguards, such as Standard Contractual Clauses or equivalent data transfer mechanisms, to protect your personal data.

The Services may include third-party social media features and/or links to third-party websites or services. Fluence is not responsible for the privacy practices of third parties.

If Fluence engages in targeted advertising or cross-context behavioral advertising (as defined by applicable law), you may have the right to opt out as described below.

Article 23: Biometric Data and Emotion Inference Features

Fluence is developing features that may, in the future, involve the collection, capture, receipt, recording, storage, analysis, inference, or processing of biometric identifiers, biometric information, and/or similar sensitive data (collectively, "Biometric Data"), including facial geometry, face scans, facial expressions, eye gaze or eye movement, voiceprints, vocal characteristics, and/or other physiological or behavioral data used to identify a person, infer emotional state, assess engagement, or enable avatar or biomimetic responses during training simulations. Fluence does not currently collect Biometric Data through the Services. This Article is provided in advance of any such deployment to ensure transparency and to establish the framework under which Biometric Data may be collected, if and when such features are activated.

Prior to any collection, capture, storage, or use of Biometric Data, Fluence will:

• publish a written policy establishing a retention schedule and guidelines for the permanent destruction of Biometric Data, which shall be made available to users no later than the time of collection;

• provide you with a written disclosure, separate and apart from this Agreement, informing you of the specific purpose, categories, and duration of any Biometric Data collection, use, storage, disclosure, or processing, whether the feature is used for identity verification, emotion inference, avatar responsiveness, proctoring, analytics, accessibility, safety, or another stated purpose, and whether human review is involved where required by applicable law; and

• obtain your prior written release, consent, or other affirmative authorization to the collection, storage, use, disclosure, and processing of your Biometric Data for the stated purpose. Consent may be withdrawn at any time in accordance with applicable law.

Where required by applicable law, Fluence will also provide a mechanism to revoke consent and will cease future collection and use after revocation, subject to legal, compliance, audit, fraud-prevention, incident-response, and record-retention obligations.

Fluence will not collect or process Biometric Data unless doing so is reasonably necessary and proportionate to a disclosed, lawful purpose. Where applicable law requires a legal basis for processing, Fluence will rely on consent, performance of a contract, compliance with law, legitimate interests, or another valid legal basis permitted by law. Fluence will not use Biometric Data for generalized advertising, marketing profiling, or unrelated product development without any additional notice and consent required by applicable law.

Biometric Data collected through the Services will not be sold, leased, traded, shared for cross-context behavioral advertising, or otherwise disclosed to third parties, except:

• where required by applicable law or lawful order of a court or tribunal;

• with your prior written consent; or

• to the extent necessary to complete a financial transaction you have authorized or to provide a service you have requested, provided that any such third party is subject to substantially equivalent data protection obligations, uses the Biometric Data only on Fluence’s documented instructions and for no independent purpose, and is prohibited from selling, leasing, trading, or otherwise using the Biometric Data except as necessary to provide the requested service or as required by law.

Fluence will retain Biometric Data only for as long as necessary to fulfill the purpose for which it was collected, and in no event longer than the earlier of: (i) the date the purpose for collection has been satisfied; (ii) three (3) years after your last interaction with Fluence, if and to the extent such period is permitted by applicable law; or (iii) as otherwise required by applicable law. Upon expiration of the applicable retention period, Biometric Data will be permanently destroyed using a method that renders it irretrievable.

Fluence will store, transmit, and protect Biometric Data using reasonable and appropriate technical and organizational safeguards, including a standard of care no less protective than that applied to other categories of confidential and sensitive information stored by Fluence. Where required by applicable law, Fluence will also implement measures designed to minimize collection, restrict access, support human oversight, maintain reasonable accuracy for the stated use case, and document testing, monitoring, and risk management for Biometric Data features.

If you are a resident of Illinois, Texas, Washington, or another jurisdiction with laws governing biometric identifiers, biometric information, neural data, sensitive personal information, or similar categories of data, you may have additional rights with respect to your Biometric Data under applicable law. Nothing in this Agreement limits any rights you may have under such laws. For Illinois residents, Fluence will provide the disclosures and written release required by law before collecting or otherwise obtaining biometric identifiers or biometric information. For Texas residents, Fluence will obtain informed consent before capturing a biometric identifier for a commercial purpose, except as otherwise permitted by law. For Washington residents, Fluence will provide notice, obtain consent where required, and will not enroll biometric identifiers in a database for a commercial purpose except as permitted by law. For California residents, to the extent Biometric Data constitutes sensitive personal information, Fluence will use and disclose such data only for disclosed and permitted purposes and will honor any rights provided by applicable law.

If you are located in the European Union, European Economic Area, Switzerland, or the United Kingdom, and Biometric Data is processed for the purpose of uniquely identifying you or otherwise as a special category of personal data, Fluence will process such data only where permitted by applicable law, including where you have given explicit consent or another lawful exception applies. Fluence will provide any transparency notices required by the GDPR, UK GDPR, or similar law, and will support applicable rights requests. If an AI-enabled feature using Biometric Data is subject to the EU AI Act or similar law, Fluence will provide required notices regarding interaction with AI, the feature’s intended purpose and limitations, and any other transparency, human oversight, logging, or governance measures required by applicable law.

If and when Biometric Data features are activated in the Services, Fluence will provide advance notice to affected users and, where required, obtain any additional consents required by applicable law at that time. Fluence may also suspend or limit access to a Biometric Data-enabled feature where consent is declined or withdrawn, if the feature cannot reasonably operate without that data, but Fluence will not condition general access to unrelated Services on consent except as permitted by applicable law.

For questions or requests related to Biometric Data, including requests to withdraw consent or request deletion, please contact Fluence at: info@fluencetraining.com or this form.

Article 24: 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 designed to protect Personal Data processed through its websites and online learning platform. However, internet-based transmissions may have security gaps and absolute protection cannot be guaranteed.

For persons located in the Designated Countries, Fluence may process Personal Data under the following conditions:

• Consent.

• Performance of a contract.

• Legal obligations.

• Vital interests.

• Public interests.

• Legitimate interests.

Fluence undertakes to respect the confidentiality of your Personal Data and to support your ability to exercise rights. If you are within the Designated Countries, you may have rights to request access, correction, deletion, portability, object to certain processing, and to not be subject to certain solely automated decisions, subject to applicable law.

You may exercise applicable rights by contacting info@fluencetraining.com or using this form. We may ask you to verify your identity before responding.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For EU contacts, see https://edpb.europa.eu/about-edpb/about-edpb/members_en and for Switzerland see https://www.edoeb.admin.ch/.

Article 25: U.S. State Privacy Rights (California/Colorado/Texas and Similar)

Depending on your state of residence, you may have rights to access, correct, delete, and obtain a copy of your personal data and to opt out of certain processing (including targeted advertising, the sale/sharing of personal information, and certain profiling). Fluence will not discriminate against you for exercising your rights.

You may submit a request by emailing info@fluencetraining.com or using this form. We may ask you to verify your identity before responding.

Where required by law, you may appeal a denial by contacting via this form.

California: If applicable, you may opt out of the “sale” or “sharing” of personal information through this form, and you may have the right to limit certain uses of sensitive personal information through this form,.

Colorado and Texas: You may opt out of targeted advertising, the sale of personal data, and certain profiling.

Illinois: If Fluence collects biometric identifiers or biometric information (for example, face geometry, face scans, or voiceprints) for identity verification, proctoring, emotion inference, avatar responsiveness, or similar purposes, Fluence will provide additional notices, obtain required written consent or release, and maintain a retention and destruction schedule as required by applicable law. See also Article 23 regarding Biometric Data and emotion inference features.

Article 26: EU AI Act Transparency 

If you access the Services in the European Union, or if the EU AI Act applies to an AI system used in the Services, Fluence will provide transparency notices required by applicable law, including notice that you are interacting with an AI system and information about the AI feature’s intended purpose and limitations.

If an AI system is classified as high-risk, Fluence will implement required governance, documentation, logging, and human oversight measures and will provide additional information as required.

Article 27: Consent to U.S. Data Collection

As a condition of accessing and/or using any Services, you consent to your personal data being collected in, transferred to, and/or processed in the United States of America, subject to applicable U.S. federal and/or state law(s) and/or regulation(s).

U.S. data protection and/or privacy laws may differ from the laws applicable in other jurisdictions.

Contact

If you have any questions about this Agreement, please contact Fluence at: 

info@fluencetraining.com

Webform

Fluence International, Inc.

ATTN: Data Use & Privacy Policy 

132 West 169th St #3B

Bronx, NY 10452