Last updated: April 2020
We at nerDigital, LLC. (“nerDigital”, “we”, “our”, or “us”) very much respect your privacy, are committed to protecting it and want you to be informed about the ways we protect, use and share the information that we collect.
This Policy is an integral part of our Terms of Service (the “Terms of Service”).
Grounds for data collection
Processing of your personal information (meaning, any information which may potentially allow your identification with reasonable means; hereinafter “Personal Information“) is necessary for the performance of our contractual obligations towards you and providing you with our services, to protect our legitimate interests and for compliance with legal and financial regulatory obligations to which we are subject. More information can be found in the “How We Use Your Information” section of this Policy.
How do we receive information about you?
We receive your Personal Information from various sources:
- When you voluntarily provide us your personal details in order to create an account (for example, your name and email address);
- When you use or access our Site or Service, in connection with your use of our Service (for example, your financial transactions);
- From third party providers, such as:
- Traffic analytics vendors;
- Public registers;
- Clients who are using our Service (such as website owners using our Service).
Types of Information We Collect
In the course of using the Service, we may ask you to provide us with certain Personal Information to provide and improve the Service, to contact or identify you and administer your account, to enable you to access certain restricted parts of the Site and the Service, and as otherwise indicated in this Policy. We collect the following Personal Information about you:
- Identifiers – Registration information for the purpose of providing our Service and for communicating with you, such information includes your name, your mailing address, your email address, your phone number, your company’s name and details, country of residency and your website URL.
- Identifiers also include any voluntary information you provide us when you communicate with us (for example when you send us an email or use a “contact us” form on our Site) we collect the Personal Information you provided us with.
- Commercial information – If you make or enable a transaction such as a purchase directly from our Site, we will collect billing and financial information as necessary to process your charges, such as credit card number, postal and email address.
- Internet or Other Electronic Network Activity Information – we collect certain technical information that is automatically recorded when you use our services, such as your IP address, MAC address, device approximate location, in order to operate our Site properly.
- Audio Information – We record or monitor telephone calls for customer support, training and/or security purposes.
We also collect information about the use of our Service and the characteristics and activities of users of the Service, from which any Personal Information has been removed (“Non-Personal Information”). When you access the Site or use the Service, we may collect the following Non-Personal Information:
- Information regarding your use of the Service, including, activity and visit behavior on your responsive website or mobile website;
- Information that your browser sends whenever you visit a website or online service (“Log Data”). This Log Data may include, but is not limited to: your device type, browser type, operating system and version, the web page you were visiting before you came to the Site, information you search for on the Site, locale preferences, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your files, and other interactions with the Service;
- Your website alias, responsive website or mobile website URL, and website URL.
Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use “persistent cookies” to save your username and login password for future logins to the Site. We use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor web traffic routing on the Site and aggregate usage of the Service.
In this Policy, we refer to all information collected from or about you, including but not limited to Personal Information and Non-Personal Information, as “Your Information.”
We allow users to manage their preferences and to opt-out of cookies by using our cookies management system. To manage your preferences, please click below:
Most Web browsers automatically accept cookies but allow you to modify security settings so that you can approve or reject cookies on a case-by-case basis or reject all cookies. You can configure your web browser to remove cookies by following the directions provided in your Internet browser’s “help” section.
If you are using a mobile device, you can-opt out of certain types of interest-based advertising, by accessing the “settings” on your device:
- If you’re using an Apple device you can configure your device to limit ad tracking to by clicking on “settings” > “privacy” > “advertising” and toggling “limit ad tracking” to ‘on.’
- If you’re using an Android device you can opt out of most app-based tracking for advertising by opening the “Google Settings” app on your device, selecting “Ads”, and then selecting the option to opt-out of interest-based ads.
Please note that the above information may change when manufacturers update their systems. Also note, that your device may use another platform, not described above. In that case, please consult the manufacturer documentation for further instructions.
Turning off third party cookies: you can turn off certain third party targeting/advertising cookies by visiting the following link: Network Advertising Initiative.
- European Interactive Digital Advertising Alliance (EU)
- Internet Advertising Bureau (US)
- Internet Advertising Bureau (EU)
Also, you are free to delete any existing cookies at any time. However, if you delete or disable cookies from our Site, some parts or functions of the Site may not work properly for you.
How We Use Your Information
- Provision of service – we will use your Personal Information for the provision and improvement of our services to you, including for support and to respond to your queries.
- Service announcements – we will use your Personal Information to communicate with you and to keep you informed of our latest updates to our Services and offer you service offers.
- Marketing purposes – we will use your Personal Information (such as your email address or phone number) for marketing purposes. For example, by subscribing to our newsletter you will receive tips and announcements straight to your email account. We may also send you promotional material concerning our services or our partners’ services (which we believe may interest you), including but not limited to, by building an automated profile based on your Personal Information, for marketing purposes. You may choose not to receive our promotional or marketing emails (all or any part thereof) by clicking on the “unsubscribe” link in the emails that you receive from us. Please note that even if you unsubscribe from our newsletter, we may continue to send you service-related updates and notifications, or reply to your queries and feedback you provide us.
- Opt-out of receiving marketing materials – If you do not want us to use or share your Personal Information for marketing purposes, you may opt-out in accordance with this Policy, or if by using the “Unsubscribe” link appearing on any marketing material you received. Please note that even if you opt-out, we may still use and share your Personal Information with third parties for non-marketing purposes (for example to fulfill your requests, communicate with you and respond to your inquiries, etc.). In such cases, the companies with whom we share your Personal Information are authorized to use your Personal Information only as necessary to provide these non-marketing Service.
- Analytics, surveys and research – From time to time, we may conduct surveys or test features, and analyze the information we have to develop, evaluate and improve these features, all in order to improve our Service and think of new and exciting features for our users.
- Protecting our interests – we use your Personal Information when we believe it’s necessary in order to take precautions against liabilities, investigate and defend ourselves against any third party claims or allegations, investigate and protect ourselves from fraud, protect the security or integrity of our services and protect the rights and property of nerDigital inc., its users and/or partners.
- Enforcing of policies – we use your Personal Information in order to enforce our policies as documented in our Terms of Service or Master License and Service Agreement.
- Compliance with legal and regulatory requirements – we also use your Personal Information as required by law, regulation or other governmental authority, or to comply with a subpoena or similar legal process.
We may combine certain Personal Information with Non-Personal Information in order to allow us to create information packages and services that are better tailored to your interests and preferences. Among other things, linking this information may allow us generally to improve and personalize the Site and the Service. If we combine or link any information with your Personal Information, the resulting combination will be treated as Personal Information under this Policy.
With whom do we share your Personal Information?
- Internal concerned parties – we share your Personal Information with companies in our group, as well as our employees, in order to provide you with our services.
- Business partners – we share your Personal Information with business partners who help us provide you with our service.
- Service Providers – We may employ third party companies and individuals to facilitate the Service, to provide the Service on our behalf, to assist us in analyzing how the Service is used, and to perform services related to administration of the Service or the Site (including, without limitation, maintenance, payments, hosting and database management services, website analytics and administration). These third parties may have access to your Personal Information so that they may perform these tasks on our behalf; they are obligated to comply with this Policy and may not use Your Personal Information for any other purpose.
- Affiliates and Partners – We may provide Your Personal Information to our affiliates or partners, if (i) you have a relationship with that affiliate or partner either online or off-line (non-Internet), (ii) if you have visited the affiliate or partner’s web site that links to or mentions our web site, or (iii) if you have registered for our Services through the partner or affiliate’s program or web site.
- Marketing partners – we may share your Personal Information for communicating targeted advertising and promotional materials. For more information please see “Marketing purposes” section above.
- Compliance with laws and law enforcement entities – We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect our or a third party’s property and rights, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable. We also may be required to disclose an individual’s Personal Information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. nerDigital is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
- Notice for California consumers (Capitalized terms herein shall have the meaning assigned to them under the California Consumer Privacy Act of 2018 (“CCPA”):
- In the preceding 12 months, nerDigital has not Sold Personal Information.
- nerDigital has disclosed Personal Information, as necessary for the performance of certain Business Purposes, with its Service Providers, as described in this policy. Such Personal Information includes the following categories:
- Identifiers (such as name, address, IP, email address, account name, or other similar identifiers);
- Commercial Information (such as products or services purchased, obtained, or considered and payment information);
- Internet or Other Electronic Network Activity Information (including, but not limited to, browsing history, search history, and information regarding your interaction with our Site)
- Geolocation Data.
- The Site is not intended for the use of minors. nerDigital has not Sold nor will it Sell the Personal Information of minors under 16 years of age without affirmative authorization.
- Merger and acquisitions – We may sell, transfer or otherwise share some or all of our assets, including among others your Personal Information, Non-Personal Information and Log Data, in connection with a merger, acquisition, reorganization or sale of all or substantially all of our shares or assets, or in the event of our bankruptcy.
Public nature of the Site
Any information you choose to provide in a comment or a submission on the Site or the Service will be publicly available and should reflect how much you want other users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage you to think carefully about what information about yourself you disclose in your comments or submissions. If you disclose your Personal Information to others, whether or not they are users of the Site, on our Site or through the Service or otherwise, different rules may apply to their use or disclosure of the information you disclose to them.
Third Party Sites and Service
We encourage you to read the privacy policies and other terms of such Third Party Services before using them.
Transfer of Personal Information
If we ever were to engage in any onward transfers of your data with third parties for a purpose other than which it was originally collected or subsequently authorized, we would provide you with an opt-out choice to limit the use and disclosure of your Personal Information.
- Sharing of Non-Personal Information and Aggregate Information – We may, from time to time, share Non-Personal Information and/or aggregated information. The Non-Personal Information that we share may include, but not be limited to: original website URL, Responsive Website Builder or Mobile Website Builder URL, percentage of active redirects, date of responsive website or Mobile website built, site category type, user category type, performance data, reports generated as a result of your use of the Service that includes non-identifying information, and other Log Data. This shared information may be used for industry analysis, other commercial purposes and to deliver targeted advertising about other products and services. Any information shared in these contexts will not contain your Personal Information.
International Processing or Transfer
By visiting our Site, using our Service and/or providing us with data, you acknowledge and agree that some of your information (including Personal Information) may be transmitted to, processed, and maintained outside your resident jurisdiction, where the privacy laws may not be as protective as those in your jurisdiction. Specific information regarding transfer of data to/from the EEA and the US, as well as dispute procedures, is described below:
Transfer of data outside the EEA
- EU data subjects should be aware that some data recipients may be located outside the EEA. In such cases, according to the EU General Data Protection Regulation (2016/679) (“GDPR”) we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection.
We will retain your Personal Information for as long as necessary to provide our Service, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client Personal Information, account opening documents, communications and anything else as required by applicable laws and regulations.
We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your Personal Information. Your information is stored on secure servers and isn’t publicly available. We limit access of your information only to those employees or partners that need to know the information in order to enable the carrying out of the agreement between us.
However, you should be aware that there is always some risk involved in transmitting information over the internet. While we strive to protect your Personal Information, we cannot ensure or warrant the security and privacy of your Personal Information or other content you transmit using the Service, and you do so at your own risk. We cannot guarantee that unauthorized third parties will never be able to overcome those measures or use your Personal Information for improper purposes, and we do not promise that your Personal Information or private communications will be protected from unauthorized disclosure or use.
You need to help us prevent unauthorized access to your account by protecting your password appropriately and limiting access to your account (for example, by signing off after you have finished accessing your account). You will be solely responsible for keeping your password confidential and for all use of your password and your account, including any unauthorized use. Please do not provide any privileged information on the site or when using the service. If you receive an e-mail asking you to update your Personal Information, do not reply and please contact us at [email protected].
- As an EU resident, You may request to:
- Receive confirmation as to whether or not Personal Information concerning you is being processed, and access your stored Personal Information, together with supplementary information.
- Receive a copy of Personal Information you directly volunteer to us in a structured, commonly used and machine-readable format.
- Request rectification of your Personal Information that is in our control.
- Request erasure of your Personal Information.
- Object to the processing of Personal Information by us.
- Request to restrict processing of your Personal Information by us.
- Lodge a complaint with a supervisory authority.
- California Consumers Rights – If you reside in California, you are granted the following rights with regard to your Personal Information:
- Receive disclosure regarding what Personal Information concerning you is being processed, sold, and other details pertaining to it (such as its categories, sources, recipients, purpose and specific pieces of Personal Information), in the 12 months prior to the request.
You may also receive a copy of your Personal Information obtained by us in the 12 months prior to your request, in a readily usable format.
- Request erasure of Personal Information collected by Us from you.
- Right to not be discriminated because of the exercise of your rights under the CCPA.
- Right to opt-out of the Sale of Personal Information by Us – as mentioned above, we do not Sell your Personal Information.
However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements.
- Users Outside the EU and California – Some of the aforementioned rights are applicable in certain jurisdictions outside the EU and California as well. Users residing outside the EU and California are welcome to contact us for any questions or requests at the details below.
The process of submitting a request:
If you wish to exercise any of the aforementioned rights, or receive more information, please contact our Data Protection Officer (“DPO”) using the details provided below:
- By post: ATTN: By post: nerDigital LLC. DPO, nerDigital Legal Department, 30 N Gould St Ste R, Sheridan
- By email: [email protected]
Upon receiving your request, and according to legal obligations to which we are subject, we will first need to authenticate your request. In order to expedite our handling of your request, we recommend on providing us with the following authentication information: Full name and the email address used with your nerDigital account.
Should this information not be included in your request we will respond with an authentication request, after which your request will be processed within the legal timeframe.
Our Policy Toward Children
We understand the importance of protecting children’s privacy, especially in an online environment. The Site and Services are not designed for or directed at children. Under no circumstances shall we allow use of our Service by minors without prior consent or authorization by a parent or legal guardian. We do not knowingly collect Personal Information from minors. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at [email protected].
We reserve the right to check our user base from time to time and remove users whom we have grounds to believe they are in fact minors, including without limitation, restricting those user accounts, or deleting them, as we may deem appropriate.
Changes to this Policy
We reserve the right, in our sole discretion, to amend or update this Policy from time to time. Notwithstanding the forgoing, as of January 1st 2020, this Policy will be updated at least once every 12 months. If we make any material changes to this Policy, we will post a notice of these changes on our Site and in this Policy, and note the effective date of any changes at the top of this page. You are advised to consult this Policy regularly for any changes.
We may also post additional ancillary privacy notices with respect to specific services.
If you have any concerns or questions about this Policy or your rights, please contact us via:
- By email: [email protected].
- By post: nerDigital LLC. DPO, nerDigital Legal Department, 30 N Gould St Ste R, Sheridan
All notices given by you or required from you under this Policy shall be in writing and addressed to the aforementioned email or postal address.