Legal · Privacy
FlumenChat Privacy Policy
Last updated: May 8, 2025 · Version 1.0
§ 01
Who we are
FlumenChat is a business-messaging platform developed and operated by FLUMEN SOLUTIONS S.A.S., a commercial entity incorporated under the laws of the Republic of Colombia, identified with tax ID (NIT) 902.004.333-8, with registered address at Carrera 128 # 144-28, Bogotá D.C., Colombia, and contact email: contacto@flumensolutions.com. FlumenChat integrates with Meta Platforms, Inc.'s WhatsApp Business Platform, allowing businesses and individuals ("Tenants") to send and receive WhatsApp messages with their end customers ("End Users") in a centralized and automated way.
§ 02
Who this Policy applies to
This Privacy Policy applies to the personal data of End Users who interact with a Tenant through FlumenChat via WhatsApp. If you received a WhatsApp message from a business or individual that uses FlumenChat, this Policy describes how FlumenSolutions processes your information in that context. This Policy does not apply to FlumenSolutions' employees, suppliers, or direct customers. For those cases, please consult the FlumenSolutions Personal Data Processing Policy available at https://www.flumensolutions.com.
§ 03
Roles in data processing
In connection with the provision of the FlumenChat Service, the roles are as follows: • Tenant (Data Controller): the business or individual that contracts FlumenChat and decides the purpose and manner in which its End Users' data is used. The Tenant is the data controller toward its End Users. • FlumenSolutions (Data Processor): processes End User data solely on behalf of and under the instructions of the Tenant, without determining the purpose or scope of the processing. FlumenSolutions does not use End User data for its own purposes. • Meta Platforms, Inc., Hetzner Online GmbH, and Cloudflare, Inc.: act as sub-processors under FlumenSolutions' instructions, as described in section 7 of this Policy. This distinction matters: if you wish to exercise your rights over the data the Tenant holds about you, you must contact the Tenant directly. If you wish FlumenSolutions to delete the information stored in its systems, you may do so through the procedure described in section 10 of this Policy.
§ 04
What data does FlumenSolutions process through FlumenChat?
4.1 Identification and contact data • WhatsApp phone number of the End User. • WhatsApp profile name, where available. 4.2 Content of communications • Text of messages sent and received through the Tenant's WABA. • Attachments sent or received (images, documents, audio, video), as configured by the Tenant. • Message templates (HSM) used by the Tenant. 4.3 Technical and usage data • Message metadata: date, time, delivery status, and read status. • Technical identifiers assigned by WhatsApp to the conversation thread. FlumenSolutions does not process sensitive End User data (health, ethnic origin, political, religious, or sexual orientation) or financial data through FlumenChat. FlumenSolutions does not directly collect any of these data: they are supplied by the Tenant or by the End User themselves when interacting via WhatsApp with the Tenant.
§ 05
What are the data used for?
FlumenSolutions processes End User data exclusively for the following purposes, on behalf of and under the instructions of the Tenant: • Deliver the Tenant's WhatsApp messages to the End User and vice versa — legal basis: performance of the service contracted by the Tenant (Art. 6.1.b GDPR). • Store the conversation history so that the Tenant can manage it from FlumenChat — legal basis: performance of the service contracted by the Tenant (Art. 6.1.b GDPR). • Synchronize message templates (HSM) approved by Meta — legal basis: performance of the service contracted by the Tenant (Art. 6.1.b GDPR). • Record audit logs and system security events — legal basis: legal obligation and legitimate interest of operational security (Art. 6.1.c / 6.1.f GDPR). • Send transactional notifications to the Tenant about Service status — legal basis: performance of the SaaS service contract with the Tenant (Art. 6.1.b GDPR). • Generate aggregated and anonymized usage metrics to improve the Service — legal basis: legitimate interest of FlumenSolutions (Art. 6.1.f GDPR), provided the data is anonymized. FlumenSolutions does not use End User data for advertising or commercial profiling, nor does it sell, transfer, or monetize it to third parties.
§ 06
How long is data retained?
• Message content and contacts: for the duration of the Tenant's subscription + 90 additional days after cancellation. • Attachments (images, documents, audio, video): for the duration of the Tenant's subscription + 90 additional days after cancellation. • Security backups: additional 30-day rotation on top of the active period backups. • Audit logs and security events: 12 months from the date of the record. • Tax and accounting records arising from the service: 10 years, pursuant to Art. 60 of the Colombian Commercial Code. Once these terms expire, data is securely deleted or irreversibly anonymized.
§ 07
Who is data shared with?
FlumenSolutions does not share End User data with third parties, except with the following sub-processors: • Meta Platforms, Inc. (United States) — message transit through the WhatsApp Cloud API. • Hetzner Online GmbH (Germany, EU) — data storage on servers and PostgreSQL database. • Cloudflare, Inc. (United States) — DNS and CDN for the FlumenChat site and platform. FlumenSolutions may also share data with Colombian administrative or judicial authorities when required by law, by formal order. Outside the above cases, FlumenSolutions does not transfer or disclose End User data to any other third party.
§ 08
International data transfers
The Service involves transferring data outside Colombia to the following countries: • United States: where Meta Platforms, Inc. and Cloudflare, Inc. operate. FlumenSolutions enters into data transmission contracts with each of these providers as required by Law 1581 of 2012 and Decree 1074 of 2015. • Germany (European Union): where Hetzner Online GmbH stores the data. Germany has an internationally recognized level of data protection under the GDPR. FlumenChat currently operates with Tenants and End Users located in Colombia. If, in the future, Tenants with End Users in the European Union are onboarded, FlumenSolutions will adopt the appropriate transfer mechanisms required by the GDPR (including Standard Contractual Clauses, SCCs) before activating such clients.
§ 09
Minors
FlumenChat is not directed to persons under the age of 13, nor to persons who have not reached the minimum age required in their jurisdiction to use WhatsApp. FlumenSolutions does not knowingly collect personal data from minors of such age. The Tenant, in its capacity as Data Controller toward its End Users, is solely responsible for ensuring that users interacting through its WABA meet the minimum age requirements established by WhatsApp and by the regulations applicable in their jurisdiction. If FlumenSolutions detects or is notified that a minor under the age of 13 has provided personal data through the Service, it will proceed to delete such data within a maximum of 30 days from detection.
§ 10
End User rights
As a data subject, you have the following rights toward FlumenSolutions regarding data processed through FlumenChat: • Access: know which of your data FlumenSolutions processes through FlumenChat. • Rectification: request correction of inaccurate or incomplete data. • Erasure: request deletion of your data when no legal basis subsists for its processing. • Objection: object to the processing of your data based on legitimate interest. • Portability: receive your data in a structured, commonly-used format. • Withdrawal: withdraw consent previously granted for processing. • Complaint: file a complaint with the Superintendence of Industry and Commerce (SIC) if you believe your rights have been infringed, once you have exhausted direct claims with FlumenSolutions. To exercise any of these rights, you may: • Send an email to contacto@flumensolutions.com with the subject "Data rights request — FlumenChat", indicating your full name, WhatsApp phone number, and the right you wish to exercise. • Use the Data Deletion form available on the site's data deletion page. FlumenSolutions will acknowledge receipt of your request within 5 business days of its reception and will resolve it within 30 calendar days thereafter. Important note: FlumenSolutions acts as Data Processor on behalf of the Tenant. If your request concerns data the Tenant holds about you as its customer, you must contact the Tenant directly. FlumenSolutions can only delete data stored in its own systems (messages, metadata, attachments).
§ 11
Data security
FlumenSolutions implements the following technical and organizational measures to protect End User data: • Storage on certified Hetzner Online GmbH servers in Germany. • Encryption of data in transit through TLS protocols. • Role-based access control, limiting data access to personnel who require it. • Audit logs of every action performed on the data, retained for 12 months. • Periodic review of the security measures implemented. In the event of a security incident affecting personal data, FlumenSolutions will notify affected Tenants and, where applicable, the Superintendence of Industry and Commerce (SIC), in accordance with applicable regulations.
§ 12
Cookies
The FlumenChat website does not use tracking, analytics, or advertising cookies. For more information, please consult the site's Cookies Policy.
§ 13
Changes to this Policy
FlumenSolutions may update this Privacy Policy at any time. When material changes are made, the Tenant will be notified by email with at least 30 days' notice. The updated version will be available on the site with the date of the last update.
§ 14
Applicable law and venue
This Policy is governed by the laws of the Republic of Colombia, in particular Statutory Law 1581 of 2012 and Decree 1074 of 2015. Any dispute will be resolved by the ordinary Judges and Courts of the city of Bogotá D.C., Colombia.
§ 15
Contact
• Email: contacto@flumensolutions.com • Address: Carrera 128 # 144-28, Bogotá D.C., Colombia • Website: https://www.flumensolutions.com