Privacy Policy

At Nexadata, Inc. (“us”, “we”, “our” or the “Company”) we value your privacy and the importance of safeguarding your data. This Privacy Policy (the “Policy”) describes our privacy practices for the activities set out below. As per your rights, we inform you how we collect, store, access, and otherwise process information relating to individuals.

1. Purpose and Scope

In this Policy, personal data (“Personal Data”) refers to any information that on its own, or in combination with other available information, can identify an individual.

We are committed to protecting your privacy in accordance with the highest level of privacy regulation. As such, we follow the obligations under the below regulations:

• the EU’s General Data Protection Regulation (GDPR)
• California’s Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA) and California Online Privacy Protection Act (CalOPPA)

This policy applies to the Nexadata, Inc. websites, domains, applications, services, and products. This Policy does not apply to third-party applications, websites, products, services or platforms that may be accessed through (non-Nexadata, Inc.) links that we may provide to you. These sites are owned and operated independently from us, and they have their own separate privacy and data collection practices. Any Personal Data that you provide to these websites will be governed by the third-party’s own privacy policy. We cannot accept liability for the actions or policies of these independent sites, and we are not responsible for the content or privacy practices of such sites. This Policy applies when you interact with us by doing any of the following:

• Make use of our application and services as an authorized user
• Visit any of our websites that link to this Privacy Statement
• Receive any communication from us including newsletters, emails, calls, or texts / SMS

2. Personal Data We Collect

When you use our products and/or features, when you register as user, attempt to register as user, request information, attempt to request information, make a purchase, or attempt to make a purchase, we collect the following types of Personal Data. This includes:

• Account Information such as your name, email address, and password
• Payment Information such as your billing address, phone number, credit card, debit card or other payment method
• Feedback, such as customer support or product reviews
• Content, such as posts, comments, audio, or documents

We collect Personal Data from the following sources:

From You

You may give us your account information, payment information, financial information, demographic data, purchase Information, content, feedback, and product information, by filling in forms, using our Products or Services, entering information, corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide, for example, when you:

• Create an account or purchase products on our website;
• Use our products or services;
• Create content through our products or services;
• Express interest in our products or services;
• Downloading software and/or our mobile application;
• Subscribe to our newsletter;
• Complete a voluntary market research survey;
• Contact us with an inquiry or to report a problem (by phone, email, social media, or messaging service);
• When you log in to our website via social media;

From automated technologies or interactions

As you interact with our website, we may automatically collect the following types of data (all as described above): Device Data about your equipment, Usage Data about your browsing actions and patterns, and Contact Data where tasks carried out via our website remain uncompleted, such as incomplete orders or abandoned baskets. We collect this data by using cookies, server logs and other similar technologies. Please see our Cookie section (below) for further details.

From third parties

We may receive Personal Data about you from various third parties, including:

• Device and Usage Data from third parties, including analytics providers such as Google;
• Account Information and Payment Data from social media platforms when you log in to our website using such social media platforms;
• Content from communication services, including email providers and social networks, when you give us permission to access your data on such third-party services or networks;
• Account Information and Payment Data from third parties, including organizations (such as law enforcement agencies), associations and groups, who share data for the purposes of fraud prevention and detection and credit risk reduction; and
• Account Information, Payment Data, and Financial Data from providers of technical, payment and delivery services.

If you provide us, or our service providers, with any Personal Data relating to other individuals, you represent that you have the authority to do so and acknowledge that it will be used in accordance with this Policy. If you believe that your Personal Data has been provided to us improperly, or to otherwise exercise your rights relating to your Personal Data, please contact us by using the information set out in the “Contact us” section below.

Device and usage Data

When you visit a Nexadata, Inc. website, we automatically collect and store information about your visit using browser cookies (files which are sent by us to your computer), or similar technology. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help Feature on most browsers will provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

We also process information when you use our services and products. This information may include:

• Login information
• IP Address
• Time stamps
• Authentication records
• Location information
• Time zone
• Other operational data.

Data we collect from third parties

We may receive your Personal Data from third parties such as companies subscribing to Nexadata, Inc. services, partners and other sources. This Personal Data is not collected by us but by a third party and is subject to the relevant third party’s own separate privacy and data collection policies. We do not have any control or input on how your Personal Data is handled by third parties. As always, you have the right to review and rectify this information. If you have any questions you should first contact the relevant third party for further information about your Personal Data. Where that third party is unresponsive to your rights, you may contact the Data Protection Officer at Nexadata, Inc. (contact details below).

Our websites and services may contain links to other websites, applications and services maintained by third parties. The information practices of such other services, or of social media networks that host our branded social media pages, are governed by third parties’ privacy statements, which you should review to better understand those third parties’ privacy practices.

Purpose and Legal Basis for the Processing of Personal Data

We collect and use your Personal Data with your consent to provide, maintain, and develop our products and services and understand how to improve them. These purposes include:

• To deliver your product or service
• To fulfill orders including electronic and non-electronic shipment
• Building a Safe and Secure Environment
• To verify or authenticate your identity; and
• Investigate and prevent security incidents such as breaches, attacks and hacks
• Providing, Developing, and Improving our Products and Services
• Deliver, maintain, debug and improve our products and services.
• Enable you to access Nexadata, Inc. services and set up accounts.
• Provide you with technical and customer support
• For research and development
• To communicate with you about the Products and Services

Where we process your Personal Data to provide a product or service, we do so because it is necessary to perform contractual obligations. All of the above processing is necessary in our legitimate interests to provide products and services and to maintain our relationship with you and to protect our business for example against fraud. Consent will be required to initiate services with you. New consent will be required if any changes are made to the type of data collected. Within our contract, if you fail to provide consent, some services may not be available to you.

Third Party Tools

We use these third party tools to store your information:

• Intercom
• Salesforce
• Google Workspace
• Amazon Web Services

International Data Transfer and Storage

Your Personal Data may be transferred to, and maintained on, servers residing outside of your state, province, country or other governmental jurisdiction where the data laws may differ from those in your jurisdiction. We will protect your personal data in accordance with this Statement wherever it is processed. By submitting your personal information to Nexadata, you consent to such transfers and to the worldwide processing of your personal information.

Data Privacy Framework

Nexadata complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Nexadata has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. Nexadata has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (“DPF”) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Nexadata is responsible for processing personal data it receives under the DPF and subsequently transfers to a third party acting as an agent on its behalf. Nexadata complies with the DPF Principles for all onward transfers of personal data from the EEA, UK, and Switzerland, including the onward transfer liability provisions. Nexadata is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Nexadata may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Nexadata commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.

For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website (https://www.dataprivacyframework.gov/).

Nexadata is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Nexadata may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Sharing and Disclosure

We will share your Personal Data with third parties only in the ways set out in this Policy or set out at the point when the Personal Data is collected. We also use Google Analytics to help us understand how our customers use the site. You can read more about how Google uses your Personal Data here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout?hl=en.

In accordance with the Data Privacy Framework’s Accountability for Onward Transfer Principle, our organization remains liable for personal data received under the DPF Principles that is subsequently transferred to third parties acting as agents, unless we can prove that we were not responsible for the event giving rise to any damage.

For transfers of personal data to third-party controllers.

Legal Requirement

We may use or disclose your Personal Data in order to comply with a legal obligation, in connection with a request from a public or government authority, or in connection with court or tribunal proceedings, to prevent loss of life or injury, or to protect our rights or property. Where possible and practical to do so, we will tell you in advance of such disclosure.

Service Providers and Other Third Parties

We may use a third party service provider, independent contractors, agencies, or consultants to deliver and help us improve our products and services. We may share your Personal Data with marketing agencies, database service providers, backup and disaster recovery service providers, email service providers and others but only to maintain and improve our products and services. For further information on the recipients of your Personal Data, please contact us by using the information in the “Contacting us” section below.

3. Cookies

What are Cookies?

A cookie is a small file with information that your browser stores on your device. Information in this file is typically shared with the owner of the site in addition to potential partners and third parties to that business. The collection of this information may be used in the function of the site and/or to improve your experience.

How we use cookies

To give you the best experience possible, we use the following types of cookies:

• Strictly Necessary. As a web application, we require certain necessary cookies to run our service.
• Preference. Some cookies are used to personalize content and present you with a tailored experience. For example, location could be used to give you services and offers in your area.
• Analytics. We collect analytics about the types of people who visit our site to improve our service and product.

4. Retention & Deletion

We will only retain your Personal Data for as long as necessary for the purpose for which that data was collected and to the extent required by applicable law. When we no longer need Personal Data, we will remove it from our systems and/or take steps to anonymize it.

5. Merger and Acquisition

If we are involved in a merger, acquisition or asset sale, your personal information may be transferred. We will provide notice before your personal information is transferred and becomes subject to a different Privacy Policy. Under certain circumstances, we may be required to disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

6. How We Keep Your Data Safe

We have appropriate organizational safeguards and security measures in place to protect your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.

The communication between your browser and our website uses a secure encrypted connection wherever your Personal Data is involved. We require any third party who is contracted to process your Personal Data on our behalf to have security measures in place to protect your data and to treat such data in accordance with the law. In the unfortunate event of a Personal Data breach, we will notify you and any applicable regulator when we are legally required to do so.

7. Children’s Privacy

We do not knowingly collect Personal Data from children under the age of 18 Years.

8. Your Rights for Your Personal Data

Depending on your geographical location and citizenship, your rights are subject to local data privacy regulations. These rights may include:

• Right to Access — You have the right to learn whether we are processing your Personal Data and to request a copy of the Personal Data we are processing about you.
• Right to Rectification — You have the right to have incomplete or inaccurate Personal Data that we process about you rectified.
• Right to be Forgotten (right to erasure) — You have the right to request that we delete Personal Data that we process about you, unless we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
• Right to Restriction of Processing — You have the right to restrict our processing of your Personal Data under certain circumstances. In this case, we will not process your Data for any purpose other than storing it.
• Right to Portability — You have the right to obtain Personal Data we hold about you, in a structured, electronic format, and to transmit such Personal Data to another data controller, where this is (a) Personal Data which you have provided to us, and (b) if we are processing that data on the basis of your consent or to perform a contract with you or the third party that subscribes to services.
• Right to Opt Out — You have the right to opt out of the processing of your Personal Data for purposes of: (1) Targeted advertising; (2) The sale of Personal Data; and/or (3) Profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Under CPRA, you have the right to opt out of the sharing of your Personal Data to third parties and our use and disclosure of your Sensitive Personal Data to uses necessary to provide the products and services reasonably expected by you.
• Right to Objection — Where the legal justification for our processing of your Personal Data is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for processing which override your interests and rights, or if we need to continue to process the Personal Data for the establishment, exercise or defense of a legal claim.
• Nondiscrimination and nonretaliation — You have the right not to be denied service or have an altered experience for exercising your rights.
• File an Appeal — You have the right to file an appeal based on our response to you exercising any of these rights.
• File a Complaint — You have the right to bring a claim before their competent data protection authority. If you are based in the EEA, please visit this website (https://edpb.europa.eu/) for a list of local data protection authorities.

If you are based in the EEA, then, In accordance with the EU-U.S. Data Privacy Framework, its UK Extension, and the Swiss-U.S. Data Privacy Framework, individuals from the EEA, UK, and Switzerland have the right to access their personal information that we have collected. For Swiss individuals, under the Federal Act on Data Protection (FADP), you have the right to access your personal data, as well as to request its correction, deletion, or restriction of processing.

For UK individuals, in line with the UK Extension to the EU-U.S. Data Privacy Framework, you have the right to access your personal information and request its correction, amendment, or deletion.

To exercise these rights or if you have any questions or complaints regarding our handling of your personal data, please contact us using the contact information below.

For a list of local data protection authorities visit this website (https://edpb.europa.eu/).

In accordance with the EU-U.S. Data Privacy Framework, its UK Extension, and the Swiss-U.S. Data Privacy Framework, we offer Swiss and UK individuals the following choices regarding the use and disclosure of their personal data.

• Opt-out for non-sensitive information: You may choose to opt out of:
  • Disclosure of your personal information to non-agent third parties
  • Use of your information for purposes materially different from those for which it was originally collected or subsequently authorized
• Opt-in for sensitive information: We will obtain your affirmative express consent (opt-in) before:
  • Sharing your sensitive information with third parties
  • Using your sensitive information for purposes other than those originally collected or subsequently authorized

To exercise these choices, please contact us using the contact information below.

Withdrawing Consent

If you have consented to our processing of your Personal Data, you have the right to withdraw your consent at any time, free of charge, such as where you wish to opt out from marketing messages that you receive from us. If you wish to withdraw your consent, please contact us using the information found at the bottom of this page.

How to Exercise Your Rights

You can make a request to exercise any of these rights in relation to your Personal Data by sending the request to our privacy team by using the contact information below. For your own privacy and security, at our discretion, we may require you to prove your identity before providing the requested information.

9. Changes

We may modify this Policy at any time. If we make changes to this Policy then we will post an updated version of this Policy at this website. When using our services, you will be asked to review and accept our Privacy Policy. In this manner, we may record your acceptance and notify you of any future changes to this Policy.

10. Contact Us

To request a copy for your information, unsubscribe from our email list, request for your data to be deleted, or ask a question about your data privacy, we’ve made the process simple. To contact us, please email: legal@nexadata.com

Or write to:

Data Privacy Officer of Nexadata, Inc.
1460 Broadway
New York, NY, 10036