Privacy Policy

Overview

FloFactor is operated by With Him, LLC, a South Carolina limited liability company doing business as FloFactor (“FloFactor,” “we,” “us,” or “our”).

This Privacy Policy explains how we collect, use, disclose, retain, and protect information when you:

• visit the FloFactor website;
• communicate with us;
• apply to or participate in the FloFactor Design Partner Program; or
• otherwise interact with FloFactor.

FloFactor works directly with Design Partners to evaluate and develop its product using representative product, engineering, research, and AI-assisted development materials.

Design Partners may provide real internal evidence so that FloFactor can build Product Context, perform Discovery, apply product judgment, generate related outputs, and evaluate the FloFactor workflow.

Confidential materials provided as part of a Design Partner engagement may also be governed by a Mutual Non-Disclosure Agreement, Design Partner Agreement, Pilot Agreement, Data Processing Agreement, security addendum, or other written agreement between FloFactor and the Design Partner.

Where such an agreement provides more specific protections or requirements, those terms will apply to the extent of any conflict with this Privacy Policy.

Some Design Partner Materials may contain no personal information. The confidentiality and permitted use of proprietary business information are also governed by the applicable NDA and other agreements with the Design Partner.

Information We Collect

Website and Design Partner Application Information

When you visit our website, contact us, or submit a Design Partner application, we may collect information such as:

• name;
• work email address;
• company;
• job title or role;
• team size;
• product or technical interests;
• tools and workflows your team uses;
• information you provide about your product-development process;
• notes or other information you choose to submit; and
• information about how you heard about FloFactor.

We may also receive standard technical information associated with your use of the website, such as:

• browser type;
• device information;
• IP address;
• approximate location derived from IP address;
• referring pages;
• referral or campaign parameters; and
• information about how you interact with the website.

Design Partner Materials

If your organization participates in the Design Partner Program, you may provide FloFactor with representative materials from your product, engineering, research, and AI-assisted development workflows.

Depending on the engagement, these materials may include:

• product strategy and planning documents;
• PRDs and product requirements;
• roadmaps and product plans;
• product documentation;
• technical documentation;
• AI assistant, coding-agent, and development-agent conversations, sessions, or transcripts relevant to product or engineering work;
• prompts, agent instructions, context files, and other instructions used in product or software-development workflows;
• AI-generated specifications, plans, code, tests, reviews, analyses, and technical artifacts;
• agent execution records, tool outputs, development traces, and workflow results where relevant;
• human corrections, evaluations, approvals, or feedback relating to AI-generated work;
• customer research and product feedback;
• meeting notes;
• research reports;
• internal presentations;
• representative product-development materials;
• product analytics or related evidence;
• other AI-assisted product or engineering materials used by the team to understand, plan, build, evaluate, or operate the product; and
• other evidence reasonably useful to understanding the product and evaluating FloFactor’s outputs.

We refer to these materials collectively as “Design Partner Materials.”

Design Partner Materials may contain information relating to employees, contractors, customers, users, prospects, or other individuals.

Design Partners are responsible for ensuring that they are authorized to provide information to FloFactor for the agreed purpose.

We ask Design Partners to provide only information reasonably necessary for the engagement and, where practical, to remove or redact sensitive personal information that FloFactor does not need.

Information Derived From Design Partner Materials

In performing a Design Partner engagement, FloFactor may organize, structure, analyze, evaluate, or generate information from Design Partner Materials.

This may include:

• Product Context;
• identified evidence and source relationships;
• provenance information;
• observations;
• uncertainties and contradictions;
• Discovery findings;
• hypotheses;
• product judgments;
• product or technical specifications;
• implementation planning;
• evaluations;
• corrections;
• intermediate processing artifacts; and
• other outputs generated through the FloFactor workflow.

Some of these outputs may themselves contain or reflect confidential or personal information contained in the underlying Design Partner Materials.

How We Use Information

We may use information we collect to:

• review and respond to Design Partner applications;
• communicate with applicants, Design Partners, and other business contacts;
• determine whether an organization is a good fit for the Design Partner Program;
• operate and administer Design Partner engagements;
• ingest, organize, structure, and analyze Design Partner Materials;
• construct and maintain Product Context;
• preserve evidence and provenance;
• perform Discovery;
• apply product judgment;
• perform technical analysis;
• generate specifications, plans, and other agreed outputs;
• review outputs with Design Partners;
• identify and correct errors;
• evaluate the correctness, usefulness, reliability, grounding, specificity, and quality of FloFactor outputs;
• secure, maintain, support, and troubleshoot FloFactor;
• understand operational failures and performance issues;
• maintain appropriate business and legal records; and
• comply with applicable law and protect our legal rights.

We do not sell personal information.

We do not use Design Partner Materials for unrelated marketing purposes.

How We Treat Design Partner Information

FloFactor distinguishes among four different types of use.

1. Providing the Engagement

FloFactor may use Design Partner Materials and related information as reasonably necessary to:

• receive and ingest evidence;
• organize and structure evidence;
• construct Product Context;
• preserve evidence and provenance;
• perform Discovery;
• apply product judgment;
• generate agreed outputs;
• evaluate results with the Design Partner;
• investigate and correct errors;
• secure and support the engagement; and
• otherwise perform the activities contemplated by the Design Partner relationship.

2. Operational Improvement

FloFactor may use technical telemetry, error information, execution information, system events, performance information, failure modes, and other non-content operational information to improve the reliability, security, performance, and operation of FloFactor.

Operational improvement does not authorize unrestricted reuse of a Design Partner’s confidential source material.

If operational information itself contains or reveals Design Partner Confidential Information, that information remains subject to applicable confidentiality obligations.

3. Product Improvement Using Design Partner Content

FloFactor does not treat confidential Design Partner source material as a general product-development corpus.

FloFactor may use Design Partner Materials and partner-specific outputs as reasonably necessary to evaluate, correct, validate, and improve that Design Partner’s own engagement.

Broader use of identifiable confidential Design Partner content for FloFactor product development requires authorization under the applicable agreement or other written approval from the Design Partner.

FloFactor may retain and use generalized, aggregated, or de-identified learnings derived from Design Partner engagements where those learnings:

• do not identify the Design Partner;
• do not reveal Design Partner Confidential Information;
• cannot reasonably be reconstructed to reveal Design Partner Confidential Information; and
• do not disclose the Design Partner’s non-public product strategy, technical architecture, customer information, research, or business information.

Participation in the Design Partner Program does not transfer ownership of a Design Partner’s underlying materials or intellectual property to FloFactor.

4. Model Training

Unless expressly agreed otherwise in writing, FloFactor does not use Design Partner Confidential Information to train or fine-tune FloFactor machine-learning or artificial-intelligence models.

FloFactor also does not authorize third-party artificial-intelligence or model providers to use Design Partner Confidential Information to train or improve their general-purpose or foundation models for the provider’s own benefit.

This does not prevent approved AI or model providers from processing Design Partner information as reasonably necessary to:

• provide model inference;
• generate outputs;
• evaluate outputs;
• provide the Design Partner engagement;
• maintain security;
• detect abuse; or
• troubleshoot the service.

Processing information through a model for these purposes does not constitute authorization for general model training.

Artificial Intelligence and Model Providers

FloFactor uses artificial intelligence and other computational systems as part of its product workflow.

Design Partner Materials or related information may therefore be processed by approved third-party AI or model providers where reasonably necessary to operate the engagement.

FloFactor evaluates providers with consideration for:

• confidentiality protections;
• provider data-use restrictions;
• security protections;
• retention practices;
• model-training practices; and
• the role of the provider within the FloFactor workflow.

FloFactor’s use of AI and model providers remains subject to the restrictions described in this Privacy Policy and the applicable agreement with the Design Partner.

Service Providers

We use third-party service providers to help operate FloFactor and the Design Partner Program.

Depending on the services involved, these providers may include:

• website hosting providers;
• cloud infrastructure and data-storage providers;
• artificial intelligence and model providers;
• software-development and infrastructure tools;
• logging, observability, and system-monitoring providers;
• security providers;
• customer relationship management systems;
• email and communications providers;
• analytics providers; and
• professional advisers and other business service providers.

These providers may process information only to the extent reasonably necessary to provide services to FloFactor or as otherwise permitted under applicable contractual terms and law.

FloFactor seeks to use providers subject to appropriate confidentiality, security, and data-protection obligations.

Sensitive and Regulated Information

The initial FloFactor Design Partner Program is not intended to receive information requiring specialized regulatory, contractual, or security treatment unless FloFactor has expressly agreed to receive it in advance.

Unless specifically authorized by FloFactor in writing, please do not provide:

• passwords;
• production credentials;
• API keys;
• access tokens;
• private cryptographic keys;
• other authentication secrets;
• protected health information subject to HIPAA or similar health-privacy requirements;
• payment-card information;
• bank or financial account credentials;
• Social Security numbers;
• passport numbers;
• driver’s-license numbers;
• comparable government identification numbers;
• biometric identifiers;
• classified government information;
• export-controlled technical information requiring specialized handling;
• information concerning children subject to specialized legal protections;
• highly sensitive personal information;
• unredacted customer records containing personal information FloFactor does not need; or
• other regulated information requiring specialized safeguards that have not been agreed in advance.

Our default is data minimization.

If FloFactor does not need a category of sensitive information to understand the product or evaluate its product judgment, we do not want that information merely because it happens to appear in a source document.

If an engagement later requires specially regulated information, FloFactor and the Design Partner may establish appropriate safeguards or enter into a Data Processing Agreement, Business Associate Agreement, security addendum, or other supplemental agreement before that information is provided.

Access to Design Partner Materials

Access to Design Partner Materials is limited to FloFactor personnel, contractors, and approved service providers who reasonably need access to:

• operate;
• support;
• secure;
• evaluate; or
• troubleshoot

the applicable Design Partner engagement.

FloFactor personnel are not authorized to access, download, copy, or export Design Partner Materials for unrelated purposes.

Where material is downloaded or exported for an authorized engagement purpose, it remains subject to the same applicable confidentiality and security requirements.

Disclosure of Information

We may disclose information:

• to service providers described in this Privacy Policy;
• to employees and contractors who reasonably require access for an authorized purpose;
• to professional advisers subject to appropriate duties of confidentiality;
• when directed or authorized by the organization that provided the information;
• when reasonably necessary to protect the security, rights, property, or safety of FloFactor, our Design Partners, users, or others;
• in connection with a merger, financing, acquisition, reorganization, sale of assets, or similar corporate transaction, subject to appropriate protections; or
• when required by applicable law, regulation, subpoena, court order, or other valid governmental process.

Where legally permitted and reasonably practicable, we will seek to notify the affected party before disclosing its Confidential Information in response to compulsory legal process.

Feedback and Corrections

Design Partner feedback is important to the development of FloFactor.

Feedback may include comments such as:

• whether an output was useful;
• whether an output was inaccurate;
• whether FloFactor missed relevant evidence;
• whether a workflow was confusing;
• whether a capability would be valuable; or
• suggestions about how FloFactor should operate.

FloFactor may use generalized feedback about its product, workflow, outputs, or capabilities to develop and improve FloFactor.

If feedback or a correction contains or reveals Design Partner Confidential Information, the underlying confidential information remains protected.

Providing information as part of a correction or feedback process does not convert the Design Partner’s underlying confidential information into unrestricted FloFactor information.

For example, correcting a Product Context statement does not give FloFactor unrestricted rights to a confidential business fact revealed as part of that correction.

Retention

FloFactor applies different retention principles depending on the type of information involved.

Website and Application Information

We retain website, inquiry, and Design Partner application information for as long as reasonably necessary to:

• evaluate and administer potential participation;
• communicate with you;
• operate FloFactor;
• maintain reasonable business records; and
• satisfy applicable legal obligations.

Design Partner Source Materials

During an active engagement, FloFactor retains Design Partner source materials for so long as reasonably necessary to conduct, support, secure, evaluate, troubleshoot, and complete the engagement.

Unless a different period is agreed in writing, following completion or termination of a Design Partner engagement, active copies of Design Partner source materials will generally be deleted or returned within 30 days.

Derived Artifacts

Partner-specific derived materials may include:

• Product Context;
• Discovery outputs;
• product judgments;
• specifications;
• evaluations;
• corrections;
• embeddings or other machine-readable representations;
• intermediate processing artifacts; and
• other partner-specific outputs.

Where these materials contain or permit reconstruction of Design Partner Confidential Information, they remain subject to applicable confidentiality obligations and the applicable retention and deletion rules.

Unless otherwise agreed, active partner-specific Product Context, Discovery outputs, and comparable derived artifacts follow the same general post-engagement deletion framework as Design Partner source materials.

Logs, Caches, and Backups

Design Partner information may also appear in:

• technical logs;
• execution records;
• caches;
• observability systems;
• intermediate processing systems; or
• routine backups

where those systems are used as part of operating FloFactor.

Such information remains subject to applicable confidentiality obligations.

Deletion from these systems may occur according to the applicable technical retention, expiration, rotation, or backup cycle rather than immediately upon deletion from active systems.

Deletion Requests

A Design Partner may request deletion of its materials by contacting:

privacy@flofactor.com

We may verify the identity and authority of the requesting party before processing a request.

Subject to the applicable agreement, deletion ordinarily applies to active copies within FloFactor’s possession or control of:

• Design Partner source materials;
• partner-specific Product Context;
• partner-specific Discovery outputs; and
• other partner-specific derived artifacts containing Design Partner Confidential Information.

Deletion may not immediately remove information from:

• routine backups;
• security records;
• logs subject to normal expiration cycles;
• systems subject to technical deletion cycles; or
• records that FloFactor is legally required or reasonably entitled to retain.

Information retained under an applicable exception remains subject to appropriate confidentiality obligations.

FloFactor will provide reasonable confirmation when the applicable partner-requested deletion process has been completed.

Security

FloFactor uses reasonable administrative, technical, and organizational safeguards designed to protect information against:

• unauthorized access;
• unauthorized use;
• unauthorized disclosure;
• alteration; or
• destruction.

These safeguards include protections appropriate to the nature and sensitivity of the information being processed and apply to information both in storage and in transmission.

No system for storing or transmitting information can guarantee absolute security.

FloFactor therefore also relies on data minimization and defined information boundaries as part of its Design Partner security approach.

Communications

We may contact you about:

• a Design Partner application;
• an existing or potential Design Partner engagement;
• requests or inquiries you send us;
• product or service matters relevant to your relationship with FloFactor;
• administrative matters;
• privacy or security matters; or
• legal matters.

You may opt out of non-essential promotional communications at any time.

We may continue sending communications necessary to administer an active relationship, respond to requests, provide important product or security information, or meet legal obligations.

Your Privacy Choices

You may contact us to request:

• access to personal information we maintain about you;
• correction of inaccurate personal information;
• deletion of personal information; or
• withdrawal from non-essential promotional communications.

We may need to verify your identity or authority before completing a request.

Some information may be retained where reasonably necessary to:

• comply with law;
• maintain security;
• protect legal rights;
• complete existing contractual obligations; or
• maintain appropriate business records.

Depending on where you live, applicable law may provide additional privacy rights. Where required, FloFactor will honor those rights in accordance with applicable law.

If your personal information was provided to FloFactor by your employer or another organization participating in the Design Partner Program, that organization may be the appropriate first point of contact for certain requests.

Cookies and Similar Technologies

FloFactor and its service providers may use cookies or similar technologies reasonably necessary to operate, secure, understand, and improve the website.

We may also receive basic analytics and referral information, including information about how visitors reach or interact with the site.

Our use of cookies and similar technologies depends on the tools actually deployed on the FloFactor website.

Where required by applicable law, we will provide appropriate notice or choices regarding non-essential cookies or similar technologies.

Children

FloFactor is intended for business and professional use and is not directed to children under 13.

We do not knowingly collect personal information directly from children under 13 through the FloFactor website or Design Partner Program.

If you believe a child has provided personal information to us, please contact us so that we can evaluate and, where appropriate, delete the information.

Business Transfers

As FloFactor develops, its business or assets may be financed, reorganized, transferred, acquired, or incorporated into a new legal entity.

Information held by FloFactor may be transferred as part of such a transaction, provided that confidential and personal information remains subject to applicable contractual obligations, legal requirements, and appropriate protections.

Changes to Our Data-Processing Practices

FloFactor’s infrastructure, service providers, and technology may evolve as the product develops.

FloFactor may add, replace, or modify service providers or technical systems, provided that doing so does not expand the permitted use of Design Partner Confidential Information beyond the applicable contractual and privacy framework.

Where a change materially affects how Design Partner Confidential Information is used or processed, FloFactor will provide appropriate notice where required by the applicable agreement or law.

Changes to This Privacy Policy

We may update this Privacy Policy as FloFactor, the Design Partner Program, our technology, or applicable legal requirements evolve.

When we make material changes, we will update the “Last updated” date above and provide additional notice where appropriate.

Contact

Questions, privacy requests, deletion requests, or concerns regarding this Privacy Policy may be sent to:

privacy@flofactor.com