1. Collection & Usage of Personal Information: Definition, Methods, Categories; Purposes; Third-Party Collections
1.4 Services Usage Information: Personal Information may be collected automatically through the Apps or Nivel products when you access the Services. This information is collected for the business purpose of providing and administering the Services for you, to perform analytics on usage, to optimize our Services and aid our understanding of our Services.
2. Disclosing Personal Information: Categories, Purposes
3. Your Choices and Rights: Sharing Choices, U.S. Law, European Economic Area, International Transfers
3.1 Your Choices: We respect your privacy and seek to provide you with options to manage the Personal Information collected about you while you are using our Services. We abide by the privacy laws applicable to you based upon your jurisdiction.
- The categories of Personal Information we collected about you;
- The categories of sources for the Personal Information we collected about you;
- Our business or commercial purpose for collecting, sharing, or selling 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 provide a copy to you in an electronic or paper format; and
- The categories of Personal Information, if any, we disclosed for a business purpose to a third party.
3.2.2 Deletion Request Right: You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable Consumer request, we will delete (and direct our contractors and service providers to delete) your Personal Information from our (and their) records, unless an exception applies (as described below). As permitted by certain data protection laws, including the California Consumer Privacy Act, we may delete your Personal Information by (a) permanently and completely erasing the Personal Information on our existing systems with the exception of archived or back-up systems; (b) de-identifying the Personal Information; or, (c) aggregating the Personal Information. We may deny your deletion request if retaining the information is necessary for us or one of our contractors or service providers to:
- 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 consumer 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 state laws;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal, regulatory or law enforcement obligation; or
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative of that person 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 that the Personal Information relates to you. Making a verifiable Consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request. Upon receiving a data access, correction, data portability or deletion request from you, we will verify your identity based on the information we have on file for you. Upon verification of your identity, we will proceed to process your request (subject to the exceptions stated above). We endeavor to confirm receipt of your request within ten (10) days of receiving it. We will respond to a verifiable Consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional forty-five (45) days), we will inform you of the reason and extension period in writing. We will deliver our written response via email to the email address associated with you or, if we are unable to determine your email address, via mail. Any disclosures we provide will only cover the 12-month period preceding the verifiable Consumer request receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable Consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. 3.2.4 Non-Discrimination: We will not discriminate against you simply for exercising your rights under data privacy laws, including the CCPA.
- Access: You may request a copy of the Personal Information we maintain about you.
- Portability: If we maintain your Personal Information based on your consent or so that we can enter into or perform under a contract with you, you have the right to obtain your Personal Information from us that you consented to give us, that is necessary to enter into or perform the contract, or that is necessary to provide member benefits to you. We will give you your Personal Information in a structured, commonly used and machine-readable format.
- Correction: If you believe your Personal Information is incorrect, you may request that we correct, amend or delete your Personal Information that is inaccurate or incomplete.
- Deletion or Restriction of Processing: You may request that we erase or restrict the processing of your Personal Information.
- Object to Processing: You may object to the processing of your Personal Information in certain circumstances when we process your Personal Information for the purposes of our legitimate interests.
- Right to Complain: You have the right to file a complaint with a supervisory authority, in particular in the European member state of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your Personal Information infringes upon your rights.
- Withdraw Consent: If we are processing your Personal Information based on your consent to do so, you may withdraw that consent at any time.
Some of these rights can be exercised online via your account. For example, you can review and modify certain information relating to your use of our Services and unsubscribe to email messages. If you are unable to manage your request via your online account, then please contact us using the contact information at the end of this Policy. 3.5.2 Collection of Personal Information: We collect Personal Information that is reasonably necessary for us to provide our Services. Subject to applicable exceptions, we will obtain your consent before collecting, using and disclosing your Personal Information for the specified purposes. In addition to circumstances in which you consent to the use of your Personal Information, the Personal Information we collect may be used or processed where we have a legitimate interest in or other legal basis for processing such data. The categories of your Personal Information we collect and the purposes for which we collect such Personal Information are indicated above in the section entitled “Collecting Personal Information.” If we use Personal Information in ways other than described in this Policy, we will provide you with specific notice at the time of collection. 3.5.3 Sharing Personal Information: The ways in which we share your Personal Information and the purposes for which we share it are indicated above in the section entitled “Sharing Personal Information.” If we use Personal Information in ways other than described in this Policy, we will provide you with specific notice at the time of collection. 3.5.4 Processing Personal Information: We only process Personal Information when we have a legal basis to do so including:
- When you have consented to the processing of your Personal Information, including processing your Personal Information consistent with this Policy, including the advertising purposes disclosed in this Policy;
- When processing is necessary to perform our obligations to you or fulfill a request you have made to us;
- When processing is necessary to comply with a legal obligation that applies to us; or
- When processing is necessary for purposes that are in our legitimate interests and you have given any required explicit or implicit consent to such processing, including protecting the security of our Services, improving the functioning of our Services, or providing you with information about products in which you have expressed interest.
If we need to process your Personal Information to fulfill our obligations to you, failure to provide that Personal Information will mean that we cannot perform our obligations. If we collect your Personal Information for one purpose and need to process it for second purpose, we will provide you with additional information regarding this secondary purpose to ensure fair and transparent processing before we engage in further processing. Collecting and processing your Personal Information to create both general and targeted advertising is a primary purpose for collecting your Personal Information.
4. General Disclosures
4.1 Protecting Children: Our Services are for adults and are not directed to children. Should an individual whom we know to be a child, under the age of 18, send Personal Information to us, we will delete or destroy such information as soon as reasonably possible. If you believe a child has provided us with Personal Information, please contact us through the means indicated at the end of this Policy to request deletion. 4.2 Retention: When you access our Services, we will retain your Personal Information as long as it is necessary for the processing purpose in question or in accordance with our data retention policy. We determine the appropriate retention period based on the nature and sensitivity of the Personal Information being processed, the risk of harm due to unauthorized access versus the benefit of retention, and whether we can achieve the purposes of processing through other means. We may retain your Personal Information for longer periods if required by law, if you give us your permission, or in case of a legal dispute in which your Personal Information may be used as evidence. 4.3 Automatic Decision-Making: We do not profile or use automated decision making. 4.4 Telephone Monitoring: As part of our customer service assurance practice, telephone conversations over phones may be monitored or recorded as a part of normal business operations. Monitored or recorded calls will be used for quality assurance and training purposes. 4.5 Cybersecurity: We use robust security measures to protect your information from unauthorized access, maintain data accuracy, and help ensure the appropriate use of information. To protect your Personal Information, we use physical safeguards including secured access to our facilities. We also limit access to your Personal Information to only those employees and service contractors that have a need to access it. When handling your personal information, we use administrative, technical, and physical safeguards designed to protect your personal information from unauthorized access, disclosure, alteration, or loss.
3510-1 Port Jacksonville Parkway Jacksonville, Florida, USA 32226