Privacy Policy

This Privacy Policy outlines our policies regarding the collection, use, and disclosure of your information.

Overview

This Privacy Policy outlines our policies and procedures regarding the collection, use, and disclosure of your information when you use the Service. It also informs you about your privacy rights and how the law protects you.

We use your personal data to provide and enhance the Service. By using the Service, you consent to the collection and use of information as described in this Privacy Policy.

Interpretation and Definitions

Interpretation

Words with capitalized initial letters have specific meanings defined in the following sections. These definitions apply consistently, whether the terms appear in singular or plural form.

Definitions

For the purposes of this Privacy Policy:

Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" refers to ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.

Application refers to Genie, the software program provided by the Company.

Business, for the purpose of CCPA/CPRA, refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.

CCPA and/or CPRA refers to the California Consumer Privacy Act (the "CCPA") as amended by the California Privacy Rights Act of 2020 (the "CPRA").

Company (referred to as either "the Company", "We", "Us", or "Our" in this Agreement) refers to 公司. For the purpose of the GDPR, the Company is the Data Controller.

Consumer, for the purpose of the CCPA/CPRA, means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA but is outside the USA for a temporary or transitory purpose.

Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal entity that alone or jointly with others determines the purposes and means of processing Personal Data.

Device means any device that can access the Service, such as a cellphone or digital tablet.

GDPR refers to the EU General Data Protection Regulation.

Personal Data is any information that relates to an identified or identifiable individual. For the purposes of GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity. For the purposes of the CCPA/CPRA, Personal Data means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.

Service refers to the Application.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR, you may be referred to as the Data Subject or the User, as you are the individual using the Service.

Collecting and Using Your Personal Data

Types of Data Collected

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. This information may include, but is not limited to:

• Email address

Data Collection and Use

Usage Data is collected automatically when using the Service.

This may include information such as your device's Internet Protocol (IP) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

When you access the Service through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device's unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers, and other diagnostic data.

We may also collect information that your browser sends whenever you visit our Service or when you access the Service through a mobile device.

Information Collected while Using the Application

While using our Application, in order to provide its features, we may collect, with your prior permission:

• Information from your Device's phone book (contacts list).
• Pictures and other information from your device's camera and photo library.

We use this information to provide features of our Service and to improve and customize our Service. The information may be uploaded to the Company's servers and/or a service provider's server, or it may be stored on your device.

You can enable or disable access to this information at any time through your device settings.

Use of Your Personal Data

The Company may utilize Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor its usage.
• For the performance of a contract: the purchase contract for the products, items or services You have purchased.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You opt out.
• To deliver targeted advertising to You: We may use Your information to develop and display content and advertising (and work with third-party vendors who do so) tailored to Your interests and/or location and to measure its effectiveness.
• For other purposes: we may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and evaluating and improving our Service, products, services, marketing and user experience.

Data Sharing with Service Providers

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to advertise on third party websites to You after You visited our Service, for payment processing, to contact You.
• For business transfers: We may share your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company to offer You certain products, services or promotions.

Retention of Your Personal Data

The Company will also retain Usage Data for internal analysis purposes. Usage Data is typically kept for a shorter duration, except when it is used to enhance the security or functionality of our Service, or when we are legally required to retain this data for a longer period.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other locations where the parties involved in processing are based. This means your information may be transferred to—and maintained on—computers located outside of your state, province, country, or other governmental jurisdiction where data protection laws may differ from those in your jurisdiction.

By consenting to this Privacy Policy and submitting your information, you agree to this transfer.

Your Privacy Rights

GDPR Rights (European Users)

We may process Personal Data under the following conditions:

• Consent: You have given your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing Personal Data is necessary to comply with a legal obligation to which the Company is subject.
• Vital interests: Processing Personal Data is necessary to protect your vital interests or those of another natural person.
• Public interests: Processing Personal Data is related to a task carried out in the public interest or in the exercise of official authority vested in the Company.
• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will be happy to clarify the specific legal basis that applies to the processing, and in particular, whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

You have the right to object where We are processing Your Personal Data for direct marketing purposes.

Right to Erasure: You can ask us to delete or remove your Personal Data if there is no legitimate reason for us to continue processing it.

Request the Transfer of Your Personal Data: We will provide your Personal Data to you or a chosen third party in a structured, commonly used, machine-readable format. This right applies only to automated information you initially provided consent for us to use or where we used the information to perform a contract with you.

Right to Withdraw Consent: You have the right to withdraw your consent for using your Personal Data. Please note that withdrawing consent may affect access to certain functionalities of the Service.

You can exercise your rights of access, rectification, cancellation, and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests. We will make every effort to respond to your request as soon as possible.

You have the right to lodge a complaint with a Data Protection Authority regarding our collection and use of your Personal Data. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.

CCPA/CPRA Privacy Notice (California Privacy Rights)

This privacy notice section for California residents supplements the information contained in our Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California.

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information that we may collect or may have collected from California residents within the last twelve (12) months.

• Category A: Identifiers — Real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, driver's license number, passport number, or other similar identifiers. Collected: Yes.
• Category B: California Customer Records statute (Cal. Civ. Code § 1798.80(e)) — Name, signature, Social Security number, physical characteristics, address, telephone number, passport number, driver's license, insurance policy number, education, employment history, financial information, medical or health insurance information. Collected: Yes.
• Category C: Protected classification characteristics — Age, race, color, ancestry, national origin, citizenship, religion, marital status, medical condition, disability, sex, sexual orientation, veteran/military status, genetic information. Collected: No.
• Category D: Commercial information — Records and history of products or services purchased or considered. Collected: Yes.
• Category E: Biometric information — Genetic, physiological, behavioral, and biological characteristics or activity patterns. Collected: No.
• Category F: Internet or other similar network activity — Interaction with our Service or advertisements. Collected: Yes.
• Category G: Geolocation data — Approximate physical location. Collected: No.
• Category H: Sensory data — Audio, electronic, visual, thermal, olfactory, or similar information. Collected: No.
• Category I: Professional or employment-related information — Current or past job history or performance evaluations. Collected: No.
• Category J: Non-public education information — Education records directly related to a student. Collected: No.
• Category K: Inferences drawn from other personal information — Profile reflecting a person's preferences, characteristics, and aptitudes. Collected: No.
• Category L: Sensitive personal information — Account login and password information, geolocation data. Collected: Yes.

Under CCPA/CPRA, personal information does not include publicly available information from government records, deidentified or aggregated consumer information, or information excluded from the CCPA/CPRA's scope (such as HIPAA/CMIA health data, or information covered by FCRA, GLBA/FIPA, and the Driver's Privacy Protection Act).

Sources of Personal Information

• Directly from You: For example, from forms you complete on our Service or preferences you provide, or from Your purchases on our Service.
• Indirectly from You: For example, from observing your activity on our Service.
• Automatically from You: For example, through cookies set on your device as you navigate our Service.

Your Rights under the CCPA/CPRA

The CCPA/CPRA provides California residents with specific rights regarding their personal information:

Right to Know/Access: You have the right to request that we disclose information about our collection and use of personal information, including the categories collected, sources, business purposes, third parties with whom we share it, and the specific pieces of personal information collected.

Right to Delete: You have the right to request the deletion of your personal data under certain circumstances, subject to certain exceptions. We may deny a deletion request where retaining the information is necessary to complete a transaction, detect security incidents, debug products, exercise free speech, comply with legal obligations, or make other internal and lawful uses compatible with the context in which you provided it.

Right not to be discriminated against: You have the right not to be discriminated against for exercising any of your consumer rights, including by denying goods or services, charging different prices, or providing a different level or quality of goods or services.

How to Exercise Your Rights

To exercise any of your rights under the CCPA/CPRA, if you are a California resident, you can contact us by email: service@nesslabs.com

Only you, or a person registered with the California Secretary of State whom you authorize to act on your behalf, may make a verifiable request related to your personal information. Your request must provide sufficient information to verify your identity and describe your request with enough detail for us to properly evaluate and respond to it.

We will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. This period may be extended once by an additional 45 days when reasonably necessary, with prior notice. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable request.

Limit the Use or Disclosure of My Sensitive Personal Information

If you are a California resident, you have the right to limit the use and disclosure of your sensitive personal information to what is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests such services or goods.

We collect, use, and disclose sensitive personal information in ways that are necessary to provide the Service. For more information on how we use your personal information, please see the "Use of Your Personal Data" section or contact us.

Third-Party Services

The Service Providers we use may have access to your Personal Data. These third-party vendors collect, store, use, process, and transfer information about your activity on our Service in accordance with their Privacy Policies.

Advertising and Analytics

Google AdSense & DoubleClick: Google, as a third party vendor, uses cookies to serve ads on our Service. You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings page.

AdMob by Google: Provided by Google Inc. You can opt out by following the instructions described here. For more information, see Google's partner sites page or its Privacy Policy.

AppLovin: Provided by AppLovin Corporation. You can opt out via the AppLovin Opt-out page or read its Privacy Policy.

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Remarketing Services

The Company uses remarketing to advertise to you after visiting our Service. We and third-party vendors use cookies and other technologies to recognize your device and understand your Service usage, enabling us to improve it and serve more relevant ads to you.

You can use the following third-party tools to decline interest-based advertising information collection:

• The NAI's opt-out platform: networkadvertising.org/choices
• The EDAA's opt-out platform: youronlinechoices.com
• The DAA's opt-out platform: optout.aboutads.info

You can opt out of personalized advertising by enabling privacy features on your mobile device, such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization (Android).

The third-party vendors We use are:

• Google Ads (AdWords): You can opt out via the Google Ads Settings page or install the Google Analytics Opt-out Browser Add-on. See Google's Privacy & Terms.
• Facebook: Learn about interest-based advertising here and opt out here. See Facebook's Data Policy.

Disclosure of Personal Information

We may use or disclose, and may have used or disclosed in the last twelve (12) months, the following categories of personal information for business or commercial purposes:

• Category A: Identifiers
• Category B: California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Category D: Commercial information
• Category F: Internet or other similar network activity

External Links

Our Service may contain links to external websites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly recommend that you review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy periodically. Any changes will be posted on this page.

We will notify you of any updates by emailing you and/or placing a prominent notice on our Service before the changes take effect. The "Last updated" date at the top of this Privacy Policy will also be updated.

We encourage you to review this Privacy Policy periodically for any changes. Any modifications to this Privacy Policy will become effective when they are posted on this page.

Business Transactions

If the Company is involved in a merger, acquisition, or asset sale, your Personal Data may be transferred. We will notify you before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement and Other Legal Requirements

In certain circumstances, the Company may be required to disclose your Personal Data by law or in response to valid requests by public authorities (e.g., a court or government agency).

The Company may disclose your Personal Data in good faith if such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

While the security of your Personal Data is important to us, please remember that no method of transmission over the Internet or electronic storage is completely secure. Despite our efforts to implement appropriate security measures to protect your Personal Data, we cannot guarantee its absolute security.

Data Processing Agreements

When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

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