Privacy Policy
NXN
PRIVACY POLICY
Last Modified: 06 March 2023
NEX Network IO LLC (collectively, “NXN,” "Company,” "We,” “Us,” “Our,”) or any similar term and or combination thereof respect your privacy and are committed to protecting it through our compliance with this Policy (collectively, the “Privacy Policy” or “Policy”).
This Policy describes the types of information we may collect from you or that you may provide when you visit our website (our “Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Policy applies to information we collect:
On this Website.
Via electronic mail, SMS text, iMessage, and other electronic messages between you and this Website.
Through native mobile, mobile web, and desktop HTML applications you download from this Website, which provide dedicated browser-based interaction between you and this Website.
When you interact with our advertising and applications on third-party websites and services, if any, those applications and or advertising may include backlinks to this Policy.
This Policy does not apply to information collected by:
Us offline or through any other means, by us and or on our behalf, in any instance, including, but not limited to, on any other website operated by Company or any third party (including our affiliates, subsidiaries, and or alternative entity series companies); or
Any third party (including our affiliates, subsidiaries, and or alternative entity series companies), including through any application, protocol, service, product, portal, and or content (including advertising) that may link to or be digitally accessible from or through the Website.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy Policy. This Policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
Children Under the Age of 16
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
By which you may be personally identified, such as name, postal address, email address, telephone number, IP address, geolocation data, social security, any other personal information category collected—including by which you may be contacted online or offline ("personal information");
That is about you but individually does not identify you, such as linked information or linkable information (as those terms are defined under Applicable Law); and/or
About your internet connection, the equipment you use to access our Website, and usage details.
We collect this information:
Directly from you when you provide it to us.
As you navigate through the Website. Information collected automatically may include usage details, IP addresses, geolocation data, and information collected through cookies, web beacons, and other tracking technologies.
From third parties, for example, our business partners.
Information You Provide to Us
The information we collect on or through our Website may include:
Information that you provide by filling in forms on our Website. This includes information provided at the time of visiting our Website, registering to use our Website, subscribing to our services and or products, posting material, directly or indirectly, in every instance, or requesting further services, products, or support. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
Records and copies of your correspondence (including email addresses) if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through our Website (including third party service providers that are PCI DSS compliant) and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website or any third party portal for the same.
Your search queries on the Website.
You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others on your own accord and satisfaction and you solely assume the risk with such actions. Although we limit access to certain pages, note that you may set certain privacy settings for such information by logging into your account profile; therefore, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We May Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including, but not limited to:
Details of your visits to our Website, including traffic data, geo-location data, logs, and other communication data and the resources that you access and use on the Website subject to Applicable Law.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may be personal information but is only maintained in the ordinary course of business as anonymized, aggregated, and de-identified statistical data. We may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include, but are not limited to:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Web Beacons. Pages of our Website and our electronic mail may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Notwithstanding the foregoing, subject to your rights and our obligations under Applicable Law, we may query personal information about you that we collect from other sources or you provide to us.
Third-Party Use of Cookies
Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies, either alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use the Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We May Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account/subscription, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products and or services we offer or provide though it.
To allow you to participate in interactive features on our Website.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
Any other purpose(s) permitted by Applicable Law.
We may also use your information to contact you about our own and or any third party’s goods and or services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data and or adjust your user preferences in your account profile.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target demographics. Even though we do not disclose your personal information for these purposes without your consent, subject to Applicable Law, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated, anonymized, and or de-identified information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy Policy:
To our subsidiaries, affiliates, and or alternative series entities.
To employees, directors, officers, members, representatives, agents, contractors, service providers, or any other third party we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of NEX NETWORK IO LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by NEX NETWORK IO LLC about our Website users is among the assets transferred.
To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To fulfill the purpose for which you provide it (such as, but not exclusively, if you give us an email address to use the "email a friend" feature of our Website, we will transmit the contents of that email and your email address to the recipients).
For any other purpose disclosed by us when you provide the information.
With your consent.
Any other reason(s) permitted by Applicable Law.
We may also disclose your personal information:
To comply with any Applicable Law.
To enforce or apply our terms of use, privacy policy, and SAFT, which are provided on the Website, and or other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of NEX NETWORK IO LLC, our customers, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
The categories of personal information we may disclose include:
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly.
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
Residents of certain states, such as California, Nevada, Colorado, Virginia, and Utah may have additional personal information rights and choices.
Accessing and Correcting Your Information
Your State Privacy Rights
Colorado, Virginia and Utah each provide their state residents with rights to:
Confirm whether we process their personal information.
Access and delete certain personal information.
Data portability.
Opt-out of personal data processing for targeted advertising and sales.
Colorado and Virginia also provide their state residents with rights to:
Correct inaccuracies in their personal information, considering the information's nature processing purpose.
Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us may be stored on our secure servers behind firewalls.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website, such as, but not exclusively, message boards. The information you share in public areas may be viewed by any user of the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Definitions
“Access Credentials" means any username, identification number, password, license or security key, security token, PIN, or other security code, method, technology, device, used alone or in combination, to verify your and or any third party’s identity and authorization to access or use the Website and or any of NXN’s products, services, networks, or systems.
"Authorized Persons" means (i) any third party acting for your benefit and or on your behalf; (ii) NXN directors, officers, board members, employees, representatives, and agents; (iii) Governmental Authorities; and (iv) independent auditors who have a need to know or otherwise access Personally Identifiable Information or Personal Data (as those capitalized terms are defined under Applicable Law) (collectively, “Personal Information”), as applicable, for NXN to comply in material respects with its obligations under this Privacy Policy and Applicable Law, as applicable, and who are bound in writing by confidentiality and other obligations no less restrictive than the terms contained herein and sufficient to protect Personal Information in accordance with the terms and conditions of this Privacy Policy and Applicable Law.
“Applicable U.S. Export Control Laws" means the laws and regulations that govern exports, reexports, and temporary imports, as applicable, including, but not limited to, Export Administration Regulations (EAR), 15 C.F.R. §§ 730.1-774.1, International Traffic in Arms Regulations (ITAR), 22 C.F.R. §§ 120.1-130.17, Foreign Assets Control Regulations, 31 C.F.R. §§ 501.101-598.901, Antiboycott laws administered by the BIS, and Foreign Trade Regulations (FTR), 15 C.F.R. §§ 30.1-30.74.
“Applicable Law” means any applicable statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, or other requirement of any federal, state, local, or foreign government or political subdivision thereof, or any arbitrator, court, or tribunal of competent jurisdiction, including, but not limited to, Applicable Anti-Corruption Laws, Applicable U.S. Export Control Laws, The International Traffic in Arms Regulation, The Foreign Trade Regulations, and any economic and trade directives, sanctions, or memoranda from the Office of Foreign Assets Control of the United States Department of the Treasury, and Privacy Laws.
“Authentic,” “Authenticate,” “Authenticity,” “Authenticating,” or “Self-Authenticating,” or any similar term or combination thereof, means a record generated by an electronic process or system (including by or on behalf of any consensus mechanism), or data copied from an electronic device, storage medium, file, node, validator, or otherwise, related to, derived from, or dependent on, any blockchain technology, distributed ledger technology, infrastructure, platform, or service, in each instance, directly or indirectly, that is Self-Authenticating, in whole and in part, without reliance upon, input for, or testimony from, you and or any third party who would otherwise be required to meet the procedural and substantive requirements to Authenticate certified electronic records under Applicable Law.
"Claim" or "Third Party Claim" means any action, cause of action, claim, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil, criminal, administrative, regulatory, or other, whether at law, in equity, or otherwise, asserted by any third party.
“Documentation” means any manuals, instructions, or other documents or materials that NXN provides or makes available to you in any form or medium and which describe the functionality, components, features, or requirements of products, services, and or systems to be leased, licensed, performed, and or sold to you and or any third party, including, but not limited to, any aspect of installation, configuration, integration, operation, use, support, or maintenance thereof.
“Harmful Code” means any software, hardware, or other technology device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to (i) permit unauthorized access to, or destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (A) computer, software, firmware, hardware, system, or network, or (B) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data processed thereby, or (ii) prevent any third party from accessing or using NXN’s services, products, and or systems.
“Industry Best Practice” means, from time to time, the degree of skill, care, prudence and foresight and the quality of working practices, procedures and controls that are reasonably practiced by any Person engaged by you and or any third party or NXN (including any Person for or on behalf of NXN with our express written consent).
“Industry Standard Safeguards” means those safeguards widely accepted by information security professionals as necessary to reasonably protect sensitive data during storage, processing, and transmission, consistent with the sensitivity of and widely recognized threats to such data, designed to protect the physical security of its network and infrastructure and telecommunications systems for transmission interception and damage. Examples of Industry Standard Safeguards include those practices described in ISO 27001/27002, OWASP Guide to Building Secure Web Applications, and the various Center for Internet Security Standards.
“Intellectual Property Rights” or “IP Rights” means any and all registered and unregistered rights, granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, including, but not limited to, Confidential Information, and all similar or equivalent rights or forms of protection, in the United States of America and its territories (subject to the Berne Convention for Actions that allege infringement of Intellectual Property Rights outside the United States of America and its territories).
“Instance” means one session or use of software that permits access to substantially all the functionality of the Website, products, services, networks, systems, or otherwise, regardless of whether all the functionality of any of the foregoing, either in whole or in part, directly or indirectly, in each instance, are actually used. No pooling or multiplexing (such as permitting multiple sessions through use of a Citrix server or similar system or application) will reduce the number of Instances of the Website, products, services, networks, systems, or otherwise. An Instance exists whenever the products and or services are loaded on a computer (or proxy for a computer as in the case of pooling or multiplexing) and ready for immediate use, regardless of whether they are then actually being used. An Instance will continue to exist until it is actually closed and is no longer actively available on a computer or proxy, therefore.
“Loss” or “Losses” means all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.
“Person” means an individual, corporation, partnership, joint venture, limited liability entity, Governmental Authority, unincorporated association, trust, association, or other entity.
“Personal Data” shall have the meaning given under Applicable Law, including Privacy Laws.
“Personally Identifiable Information” shall have the meaning given under Applicable Law, including Privacy Laws.
"Personal Information" means information that you or any third party provides access to under this Privacy Policy by or at the direction of you and or any third party, information which is created or obtained by NXN on behalf of you and or any third party, or information to which access was provided to NXN by or at the direction of you and or any third party, in the course of your using, accessing, browsing, or otherwise, the Website that: (i) identifies or can be used to identify you and or any third party (including, without limitation, names, signatures, addresses, telephone numbers, email addresses, and other unique identifiers); or (ii) can be used to identify or authenticate you and or any third party (including, without limitation, employee identification numbers, government-issued identification numbers, passwords or PINs, user identification and account access credentials or passwords, financial account numbers, credit report information, student information, biometric, health, genetic, medical, or medical insurance data, answers to security questions, your and or any third party’s internet activity or similar interaction history, inferences drawn from other personal information to create consumer profiles, geolocation data, your and or any third party’s commercial, employment, or education history, and other personal characteristics and identifiers), in case of both subclauses (i) and (ii), including, without limitation, all Highly Sensitive Personal Information. Your and or any third party’s business contact information is not by itself deemed to be Personal Information.
“Privacy Laws” means all international, local country-specific, European, and U.S. State and Federal laws, standards, guidelines, policies, regulations, and procedures, as amended, relating to the security, confidentiality, or privacy of Personal Data, including the Gramm-Leach Bliley Act of 1999 (Public Law 106-102, 113 Stat. 1338) and its implementing regulations, the Health Insurance Portability and Accountability Act of I 996 and its implementing regulations, U.K. Data Protection Act 1998, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act of 2020 (CPRA), the Colorado Privacy Act (CPA), the Virginia Consumer Data Privacy Act (VCDPA), the Utah Consumer Privacy Act (UCPA), the European Union (EU) General Data Protection Regulation (Regulation (EU) 2016/679) and the Electronic Communications Data Protection and Privacy Directive 2002/58/EC of the European Parliament and any legislation and/or regulation implementing same, and including in the UK, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (21 2003/2426), and all guidance, codes of practice and policies issued by the U.K. Financial Services Authority and Information Commissioner, the Japanese Law Concerning the Protection of Personal Information and the applicable implementing Ministry Guidelines and any legislation and/or regulation implementing them, the Hong Kong Personal Data (Privacy) Ordinance, and the Canadian Personal Information Protection and Electronic Documents Act.
"Security Breach" means (i) any act or omission that materially compromises either the security, confidentiality, availability, or integrity of Personal Information or the physical, technical, administrative, or organizational safeguards put in place by NXN or by you or any third party acting on your behalf with actual or apparent authority should NXN have access to your or any third party’s systems, that relate to the protection of the security, confidentiality, availability, or integrity of Personal Information, or (ii) receipt of a complaint in relation to the privacy and data security practices of NXN or a breach or alleged breach of the terms and conditions of this Privacy Policy relating to such privacy and data security practices. Without limiting the foregoing, a material compromise shall include any unauthorized access to or disclosure or acquisition of Personal Information not otherwise permitted under Applicable Law.
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