This
Privacy Policy describes the data protection practices of NUTEREL, LLC. (“NUTEREL,” “we,” “us,” or “our”). This Privacy Policy applies to information that we collect
and use about you when you access or use the NUTEREL website, www.resilientbrainsystem.com
or other online or mobile service that links to or otherwise presents this
Privacy Policy to you. We refer to these products and services collectively as
the “Services.”
PLEASE READ THIS PRIVACY
POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT
AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.
This
Privacy Policy contains the following sections:
●
Information We Collect
● How We Use Your
Information
● Cookies and
Similar Technologies
● Online
Analytics and Advertising
● How We Share
and Disclose Your Information
● Retention of
Your Information
● How We Protect
Your Information
● Third Party
Links and Features
● Children’s
Privacy
● Data Subject
Rights and Choices
● Legal Bases for
Use of Your Information
● International
Transfer
● Privacy Notice
for Residents of Certain U.S. States
● Changes to Our
Privacy Policy
● The NUTEREL
Contact Information
We
collect information about you through the means discussed below. Please note
that we need certain types of information so that we can provide the Services
to you. If you do not provide us with such information, or ask us to delete it,
you may no longer be able to access or use our Services.
1. Information You
Provide to Us
We
collect a variety of information that you provide directly to us. For example,
we collect information from you through:
● The Services you use or processing your orders
● Requests or questions you submit to us via online forms, email, or
otherwise
● Your participation in sweepstakes, contests, or surveys
● Any reviews that you submit about the Services
● Account registration and administration of your account
● Uploads or posts to the Services
● Requests for customer support and technical assistance
Information about you. While parts of the Services may not require you to provide any
information that can directly identify you by name (such as if you choose to
browse the website without logging in), the specific types of information we
collect will depend upon the Services you use, how you use them, and the
information you choose to provide.
The
types of data we collect directly from you includes:
● Email address
● Name, if you choose to provide it
● Log-in credentials, if you create a NUTEREL account
● Billing information, such as shipping address of a gift card
recipient, credit or debit card number, verification number, and expiration
date
● Information about purchases or other transactions with us
● Information about your customer service interactions with us
● Demographic information such as your gender or other information
you choose to provide as part of your NUTEREL profile
● User-generated content you provide to us, such as when you comment
on content on the Services, respond to a survey request, review a class, or
participate in the public forums
● Classes in which you enroll
● Any other information you choose to directly provide to us in
connection with your use of the Services
Information about
others. If you request that your purchase be
provided to someone other than yourself (such as a gift recipient), we use the
information you provide about the other person to fulfill the shipment.
2. Information We
Collect Through Automated Means
When
you use our Services, we collect certain information as described in this
Section. As discussed further below, we and our service providers (which are
third party companies that work on our behalf) may use a variety of
technologies, including cookies and similar tools, to assist in collecting this
information.
Websites. When you use our website, we collect and analyze information such
as your IP address, browser types, browser language, operating system, software
and hardware attributes (including device IDs) referring and exit pages and
URLs, the number of clicks, pages viewed and the order of those pages, date and
time of use, content watched, total minutes watched, error logs, and other
similar information about how you use the website.
Location Information. When you use the Services, we and our service providers may
automatically collect general location information (e.g., IP address,
city/state and or postal code associated with an IP address) from your computer
or mobile device.
3. Information We
Collect From Social Media and Other Content Platforms
If
you access the Services through a third-party connection or log-in (e.g.,
through a social network like Facebook or Twitter), you may allow us to have
access to and store certain information from your social network profile. This
can include your name, gender, profile picture, your “likes” and check-ins, and
your list of friends, depending on your settings on such services. If you do
not wish to have this information shared, do not use a social networking
connection to access the Services. For a description of how social networking
sites handle your information, please refer to their privacy policies and terms
of use, which may permit you to modify your privacy settings. You may also have
the option of posting your Services activities to Social Networking Services
when you access content through the Services (for example, you may post to
Facebook that you enrolled in a class on the Service); you acknowledge that if
you choose to use this feature, your friends, followers and subscribers on any
Social Networking Services you have enabled will be able to view such activity.
4. Information We
Collect from Others
We
may receive additional information such as demographic and statistical
information from third parties, such as business partners, marketers,
researchers, analysts, and other parties that we may attribute to you based on
your assignment to certain statistical groups. We use this information to
supplement the information that we collect directly from you in order to derive
your possible interests and to provide more relevant experiences for you and
improve our products, analytics, and advertising.
We,
or our service providers, use your information for various purposes depending
on the types of information we have collected from and about you, in order to:
● Complete a purchase or provide the Services you have requested,
including invoicing and accounting
● Respond to your request for information and provide you with more
effective and efficient customer service
● Provide you with updates and information about classes in which you
have enrolled
● Contact you by email, postal mail, or phone regarding NUTEREL and
third-party products, services, surveys, research studies, promotions, special
events and other subjects that we think may be of interest to you
● Customize the advertising and content you see on the Services
● Help us better understand your interests and needs, and improve the
Services, including through research and reports, and test and create new
products, features, and services
● Secure our websites and applications, and resolve app crashes and
other issues being reported
● Comply with any procedures, laws, and regulations which apply to us
where it is necessary for our legitimate interests or the legitimate interests
of others
● Establish, exercise, or defend our legal rights where it is
necessary for our legitimate interests or the legitimate interests of others
Combined Information. For the purposes discussed in this Privacy Policy, we may combine
the information that we collect through the Services with information that we
receive from other sources, both online and offline, and use such combined
information in accordance with this Privacy Policy.
Aggregate/Anonymous
Data. We may aggregate and/or anonymize any
information collected through the Services so that such information can no
longer be linked to you or your device. We may use such information for any
purpose, including without limitation for research and marketing purposes, and
may also share such data with any third parties, including advertisers,
promotional partners, and sponsors.
To
collect the information in the “Information We Collect Through Automated Means”
section above, we and our service providers use Internet server logs, cookies,
tracking pixels, and other similar tracking technologies. We use these
technologies in order to offer you a more tailored experience in the future, by
understanding and remembering your particular browsing preferences. Cookies are
small text files that are placed on your computer or mobile device when you
visit a site that enable us to: (i) recognize your computer; (ii) store your
preferences and settings; (iii) understand the web pages of the Services you
have visited; (iv) enhance your user experience by delivering and measuring the
effectiveness of content and advertising tailored to your interests; (v)
perform searches and analytics; and (vi) assist with security and
administrative functions. Some cookies are placed in your browser cache while
those associated with Flash technologies are stored with your Adobe Flash
Player files.
As
we adopt additional technologies, we may also gather information through other
methods. Please note that you can change your settings to notify you when a
cookie is being set or updated or to block cookies altogether. Please consult
the “Help” section of your browser for more information (e.g., Internet
Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage
the use of Flash technologies, including flash cookies and local storage
objects, with the Flash management tools available at Adobe's website. Please
note that by blocking, disabling, or managing any or all cookies, you may not
have access to certain features or offerings of the Services. For more
information about our use of cookies, please see our Cookie Policy.
1. Analytics
We
may use third-party web analytics services (such as those of Google Analytics)
on our Services to collect and analyze usage information through cookies and
similar tools; engage in auditing, research, or reporting; assist with fraud
prevention; and provide certain features to you. To prevent Google Analytics
from using your information for analytics, you may install the Google Analytics
Opt-out Browser Add-on by clicking here.
If
you receive email from us, we may use certain analytics tools, such as clear
GIFs to capture data such as when you open our message or click on any links or
banners our email contains. This data allows us to gauge the effectiveness of
our communications and marketing campaigns.
2. Online Advertising
The
Services may integrate third-party advertising technologies that allow for the
delivery of relevant content and advertising on the Services, as well as on
other websites you visit and other applications you use. The ads may be based
on various factors such as the content of the page you are visiting,
information you enter such as your age and gender, your searches, demographic
data, user-generated content, and other information we collect from you. These
ads may be based on your current activity or your activity over time and across
other websites and online services and may be tailored to your interests.
Third
parties may also place cookies or other tracking technologies on your computer,
mobile phone, or other device to collect information about you as discussed
above. These third parties (e.g., ad networks and ad servers such as Google
Analytics, DoubleClick and others) may also serve tailored ads to you as you
use the Internet and Internet-connected applications, and access their own
cookies or other tracking technologies on your computer, mobile phone, or other
device you use to access the Services to assist in this activity.
We
neither have access to, nor does this Privacy Policy govern, the use of cookies
or other tracking technologies that may be placed on your device you use to
access the Services by such non-affiliated third parties. If you are interested
in more information about tailored browser advertising and how you can
generally control cookies from being put on your computer to deliver tailored
advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the
Digital Advertising Alliance’s Consumer Opt-Out link, or Your
Online Choices to opt-out of receiving
tailored advertising from companies that participate in those programs. To opt
out of Google Analytics for display advertising or customize Google display
network ads, visit the
Google Ads Settings page. We do not control
these opt-out links or whether any particular company chooses to participate in
these opt-out programs. We are not responsible for any choices you make using
these mechanisms or the continued availability or accuracy of these mechanisms.
Please
note that if you exercise the choices above, you will still see advertising
when you use the Services, but it will not be tailored to you based on your
online behavior over time.
3. Notice Concerning Do
Not Track
Do
Not Track (“DNT”) is a privacy
preference that users can set in certain web browsers. We are committed to
providing you with meaningful choices about the information collected on our
website for third party purposes, and that is why we provide the variety of
opt-out mechanisms listed above. However, we do not currently recognize or
respond to browser-initiated DNT signals. To learn more about Do Not Track, you
can do so here.
The
NUTEREL will share your information in the following ways:
Affiliates and
Subsidiaries. We may share information we collect
within the NUTEREL, LLC family of companies to deliver products and services to
you, ensure a consistent level of service, and enhance our products, services,
and your customer experience.
Service Providers. We provide access to or share your information with select third
parties who perform services on our behalf. They have access to perform these
services but are prohibited from using your information for other purposes.
They provide a variety of services to us, including billing, sales, marketing,
product content and features, advertising, analytics, research, customer
service, data storage, security, fraud prevention, payment processing, and
legal services.
Protection of The
NUTEREL and Others. By using the Services, you
acknowledge and agree that we may access, retain and disclose the information
we collect and maintain about you if required to do so by law or in a good
faith belief that such access, retention or disclosure is reasonably necessary
to: (a) comply with legal process (e.g. a subpoena or court order); (b) enforce
our Terms of Service, this Privacy Policy, or other contracts with you,
including investigation of potential violations thereof; (c) respond to claims
that any content violates the rights of third parties; (d) respond to your
requests for customer service; and/or (e) protect the rights, property or
personal safety of the NUTEREL, its agents and affiliates, its users and/or the
public. This includes exchanging information with other companies and
organizations for fraud protection, and spam/malware prevention, and similar
purposes.
Business Transfers. As we continue to develop our business, we may buy, merge, or
partner with other companies. In such transactions (including in contemplation
of such transactions), user information may be among the transferred assets. If
a portion or all of our assets are sold or transferred to a third-party,
customer information (including your email address) would likely be one of the
transferred business assets. If such transfer is subject to additional
mandatory restrictions under applicable laws, we will comply with such
restrictions.
Public Forums. Certain features of our Services make it possible for you to share
comments publicly with other users. Any information that you submit through
such features is not confidential, and we may use it for any purpose (including
in testimonials or other marketing materials). Any information you post openly
in these ways will be available to the public at large and potentially
accessible through third-party search engines. Accordingly, please take care
when using these features.
Aggregate/Anonymous
Information. From time to time, we may share
Aggregate/Anonymous Information about use of the Services, such as by
publishing a report on usage trends. The sharing of such data is unrestricted.
We
keep your information for no longer than necessary for the purposes for which
it is processed. The length of time for which we retain information depends on
the purposes for which we collected and use it and/or as required to comply
with applicable laws.
The
NUTEREL takes technical and organizational security measures to protect the
information provided via the Services from loss, misuse, and unauthorized
access, disclosure, alteration, or destruction. However, no Internet or email
transmission is ever fully secure or error free. Please keep this in mind when
disclosing any information to the NUTEREL via the Internet.
The
Services contain links to third-party websites such as social media sites, and
also contain third-party plug-ins (such as the Facebook “like” button and
Twitter “follow” button). If you choose to use these sites or features, you may
disclose your information not just to those third-parties, but also to their
users and the public more generally depending on how their services function.
We are not responsible for the content or practices of those websites or
services. The collection, use, and disclosure of your information will be
subject to the privacy policies of the third party websites or services, and
not this Privacy Policy. We urge you to read the privacy and security policies
of these third-parties.
The
Services are intended for general audiences and not for children under the age
of 13. If we become aware that we have inadvertently collected “personal
information” (as defined by the United States Children’s Online Privacy
Protection Act) from children under the age of 13 without valid parental
consent, we will take reasonable steps to delete it as soon as possible. We do
not knowingly process data of EU residents under the age of 16 without parental
consent. If we become aware that we have collected data from an EU resident
under the age of 16 without parental consent, we will take reasonable steps to
delete it as soon as possible. We also comply with other age restrictions and
requirements in accordance with applicable local laws.
Depending
on your jurisdiction of residence, you may have certain rights with respect to
your information as further described in this section.
1. Your Legal Rights
If
you would like further information in relation to your legal rights under
applicable law or would like to exercise any of them, please contact us using
the information in the “Contact Information” section below at any time.
Your
local laws (e.g., in the EU) may permit you to request that we:
● provide access to and/or a copy of certain information we hold
about you
● prevent the processing of your information for direct-marketing
purposes (including any direct marketing processing based on profiling)
● update information which is out of date or incorrect
● delete certain information which we are holding about you
● restrict the way that we process and disclose certain of your
information
● transfer your information to a third party provider of services
● revoke your consent for the processing of your information
We
will consider all requests and provide our response within the time period
stated by applicable law. Please note, however, that certain information may be
exempt from such requests in some circumstances, which may include if we need
to keep processing your information for our legitimate interests or to comply
with a legal obligation. We may request you provide us with information
necessary to confirm your identity before responding to your request.
2. Marketing
Communications and Sharing
You
may instruct us not to use your contact information to contact you by email,
postal mail, or phone regarding products, services, promotions and special
events that might appeal to your interests by contacting us using the
information below. In commercial email messages, you can also opt out by
following the instructions located at the bottom of such emails. Please note
that, regardless of your request, we may still use and share certain
information as permitted by applicable law. For example, you may not opt out of
certain operational emails, such as those reflecting our relationship or
transactions with you, or important notifications regarding classes in which
you are enrolled.
The
legal bases for using your information as set out in this Privacy Policy are as
follows:
● Where use of your information is necessary to perform our
obligations under a contract with you (for example, to comply with: the terms
of service of our websites which you accept by browsing the
websites/registering; and/or our contract to provide our Services to you);
● Where use of your information is necessary for our legitimate
interests or the legitimate interests of others (for example, to provide
security for our website and applications; operate our business and our
Services; make and receive payments; comply with legal requirements and defend
our legal rights; prevent fraud and to know the customer to whom we are
providing Services);
● Where we are required to process information in accordance with an
EU Member State legal obligation; or
● Where we have your consent, in accordance with applicable law.
The
information discussed in this Policy is processed in the United States by the
NUTEREL, whose principal office in the United States is located at PO BOX 782340
Orlando, FL 32878.
European
Union with inquiries or complaints regarding this privacy policy should first
contact NUTEREL at privacy@nuterel.com.
If
you are located in the European Union or other regions with laws governing data
collection and use that may differ from U.S. law, please note that you are
transferring information to a country and jurisdiction that does not have the
same data protection laws as your jurisdiction. As described above, we also may
subcontract the processing of your data to, or otherwise share your data with,
other members within the NUTEREL group of companies, service providers, and
business partners in countries other than your country of residence, including
the United States, in accordance with applicable law. Such third parties may be
engaged in, among other things, the provision of Services to you, the
processing of transactions and/or the provision of support services. By
providing us with your information, you acknowledge any such transfer, storage
or use.
If
applicable, you may make a complaint to the data protection supervisory
authority in the country where you reside. Alternatively you may seek a remedy
through local courts if you believe your rights have been breached.
Some
U.S. state laws (e.g., California) provide state residents with additional
privacy rights. Please click here to learn more about
such state privacy rules and whether they apply to you.
We
reserve the right to amend this Privacy Policy at any time to reflect changes
in the law, our data collection and use practices, the features of our
Services, or advances in technology. We will make the revised Privacy Policy
accessible through the Services, so you should review the Privacy Policy
periodically. You can know if the Privacy Policy has changed since the last
time you reviewed it by checking the “Date of Last Revision" included at
the beginning of the document. If we make a material change to the Policy, you
will be provided with appropriate notice in accordance with legal requirements.
By continuing to use the Services, you are confirming that you have read and
understood the latest version of this Privacy Policy.
Please
feel free to contact us if you have any questions about the NUTEREL's Privacy
Policy or the information practices of the Services.
You
may contact us as follows:
PO BOX 782340
Orlando,
FL 32878
info@nuterel.com