(Dated April 2021)
INFORMATION WE COLLECT AND ITS USE
Information You Provide Us Directly
We may ask for certain information such as your first and last name, address, e-mail address, birthdate, phone number, username, title, time zone, and other contact information when you register for a Member Account, or if you correspond with us. We may also retain any messages you send through the Service and may collect information you provide in User Content you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service. Please be aware that contact information may be available to other Members in any Member Group or Enterprise Edition.
Information We May Receive From Third Parties
We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by "following," "liking," adding the Nomadic application, linking your account to the Nomadic Service, etc., that third party may pass certain information about your use of its service to Nomadic. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Nomadic Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service. If you unlink your third party account, we will no longer receive information collected about you in connection with that service.
We may directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
Log File Information
Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.
Clear Gifs/Web Beacons Information
When you use the Service, we may employ clear GIFs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Service.
Commercial And Marketing Communications
We use the information we collect or receive to communicate directly with you. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related e-mails.
Use Of Certain Service Type Information We Collect About You
Sharing your information
We will not rent or sell your information to third parties outside Nomadic and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted in this Section 2:
Who We May Share Your Information With
User Content You Share Will Be Public
Any information or content that you voluntarily disclose to the Service, such as User Content, becomes available to other Members who may then use, share or publicize it. Therefore, you should at all times assume that User Content that is Posted to the Service is accessible, searchable and may be used and further distributed by other Members and potentially the public. If you remove information that you Post to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or recipients have copied, used, shared or saved that information.
What Happens In The Event Of A Change Of Control
We may buy or sell/divest/transfer Nomadic (including any shares in Nomadic), or any combination of its products, services, assets and/or businesses. Your information such as names and email addresses, User Content and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the Nomadic.
Instances Where We Are Required To Share Your Information
Nomadic will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce the Agreement or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Nomadic, our Users or others.
Sharing Certain Service Type Information We Collect About You
We may share certain service type information, including information obtained through tools such as cookies, log files, device identifiers, location data and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with our third-party business partners for the purposes described in the section above on "Information We Collect and Its Use." We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.
How we store and protect your data
Storage and Processing
Regardless of your place of residence, your use of the Service is governed by the law of the State of Delaware, USA. Nomadic makes no representations that the Service and any Nomadic mobile applications are appropriate for use in other locations or are legal in all jurisdictions. Those who access or use the Service and any Nomadic mobile applications from other locations do so at their own risk and are responsible for compliance with local law. You consent to the transfer and processing of your data in the United States of America.
Keeping your information safe:
Nomadic cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your Member Account. You are 100% responsible for maintaining the secrecy of your unique password and Member Account information, and for controlling access to your Member Account information, including all communications and Posting activities by anyone in the Member Group with the Service, at all times. Nomadic cannot ensure or warrant the security of any information you transmit to Nomadic or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the Nomadic Service, such as social networks. Nomadic is not responsible for the functionality or security measures of any third party whatsoever and your use of or accessing or linking to any non-Nomadic site, link or service is entirely at your own risk.
Compromise of information:
In the event that any information under our control is compromised as a result of a breach of security, Nomadic will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Your choices about your information
You Control Your Account Information And Settings
You may update your account information and email-communication preferences at any time by logging in to your Member Account and changing your profile settings. You can also stop receiving promotional email communications from us by clicking on the "unsubscribe link" provided in such communications. We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at email@example.com.
Opting Out Of Collection Of Your Information For Tracking / Advertising
Please refer to your mobile device or browser's technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents Nomadic or its business partners from tracking your browser's activities in relation to the Service. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at help\@nomadic.fm.
How long we keep your User Content:
Following termination or deactivation of your Member Account, Nomadic may retain your profile information and User Content for as long as necessary to fulfill the purpose we collected it for and for the purpose of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information we process, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, accounting, or reporting requirements. In some circumstances we may choose to aggregate and de-identify your information in such a way that you may not reasonably be re-identified by us or any other company in which case we may use this information indefinitely without further notice to you.
Nomadic does not knowingly collect or solicit personal information from children and individuals under the age of 18 and the Service and its content are not directed at children or individuals under the age of 18. In the event that we learn that we have collected personal information from a child or any individual under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child or individual under 18, please contact us at firstname.lastname@example.org.
Links to other websites and services
PURPOSE FOR PROCESSING PERSONAL INFORMATION
We collect and share the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below. Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your information.
|1. Identifiers and Personal Records
(e.g., email address, name, address, IP address, credit card number)
|Directly from you; your devices; Vendors||Performing Services;
Processing and managing interactions and transactions;
Quality Assurance; security; debugging; marketing
|Vendors which assist us in providing services and running our internal business operations (“Vendors”); Data Analytics Partners; Corporate affiliates||Performing Services on our behalf;
managing interactions and transactions; Quality assurance; security; debugging
|2. Customer Acct. Details/Commercial Information
(e.g., details of your use of our service)
|You; your devices; Vendors||Performing Services;
Research and development; quality assurance; security; debugging; and marketing
|Data Analytics Partners; Vendors; Corporate affiliates||Performing Services on our behalf; research and development; quality assurance; security; and debugging|
|3. Internet Usage Information (e.g., information regarding your interaction with our services)||You; your devices; Data Analytics Partners; Vendors||Performing Services;
Research and development; quality assurance; security; debugging; and marketing
|Data Analytics Partners; Advertising Networks; Vendors; Corporate affiliates||Performing Services on our behalf; research and development; quality assurance; security; and debugging|
|4. Inferences (e.g., your preferences, likelihood of interest in certain of our services)||Data Analytics Partners; Vendors; Advertising Networks||Research and development; quality assurance; and marketing||Data Analytics Partners; Vendors; Advertising Networks; Corporate affiliates||Performing Services on our behalf; research and development; quality assurance; marketing|
INTERNATIONAL DATA TRANSFERS
Further, if you are receiving the Services from the European Economic Area (the "EEA") we note that your information may be transferred to, stored, and processed in a country that is not regarded as providing the same level of protection for personal information as the laws of your home country, and may be available to the government of those countries under a lawful order made in those countries.
We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to provide adequate protections for your personal information. For further details, see European Commission: Model contracts for the transfer of personal data to third countries..
California Privacy Notice
Updated April 2021
This California Consumer Act Privacy Notice ("CCPA Notice") applies to "Personal Information" (PI) of "Consumers" as defined by the California Consumer Privacy Act ("CCPA").
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you, so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process ("Verifiable Consumer Request"). In order to verify your identity, we will send you an email to the email address that you provide to us, and you must take action as described in our email. This will enable us to verify that the person who made the request controls and has access to the email address associated with the request. We will check our systems for the email address that you provide, and any information associated with such email address. If you provide us with an email address that has not been used to interact with us, then we will not be able to verify your identity. In other words, the only reasonable method by which we may verify the identity of individuals is if we have an email address on file that was provided to us in relation to our services. We will be unable to fulfill your request if we cannot verify your identity.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer's personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your rights to know or to request deletion of your PI set forth below, please email help\@nomadic.fm, we will provide you with a description of the process we use to verify your request and any information that we will need to confirm your identity. For your specific pieces of information, as required by the CCPA, we will apply heightened verification standards, which may include a request to provide further information per the Verifiable Consumer Request process.
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining.
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
You may alternatively exercise more limited control of your PI by instead exercising one of the following more limited opt-outs, including unsubscribing from email newsletters.
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
How to contact us
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to make a complaint to the data protection authority of your country of residence.