Privacy Policy

Effective Date: November 9th, 2018

This Privacy Policy describes the policies and procedures of Valrico LLC, a Nevada limited liability Company, d/b/a Nexwear, and its affiliates and subsidiaries, (“we”, “our” or “us”) on the collection, use and disclosure of your information on www.nexwear.com, our mobile website, our iPhone app, our Android app and all related mobile platforms and online applications (collectively, the “Site”) and the services, features, content or applications we offer (collectively with the Site, the “Services”). This Privacy Policy (“Privacy Policy” or “Policy”) is an agreement between us and you, as the user of the Site and/or Services (“you”). This Policy tells you when this Policy is effective, what information we collect from you, how we might use it, how you can review or change the personal information you provided to us, how we may change this Policy, and the steps we take to ensure that your personal information is protected. We receive information about you from various sources, including: (i) if you register for the Site and the Services, through your user account on the Services (your “Account”); (ii) your use of the Services generally; and (iii) from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

WHAT ARE YOU AGREEING TO?

All activities in which you may engage on this Site and your participation in the Services are voluntary. You are not required to provide any Personal Information to us unless you choose to access features on this Site and/or Services which require the information. If you do not agree with the terms of this Policy or other terms of use on this Site, then you should immediately exit the Site and discontinue using the Services. If you do not agree with the terms of our Privacy Policy and our Terms of Service posted https://nexwear.com/pages/terms-conditions, please do not provide us with Personal Information, and leave this Site. The Terms of Service of this site are expressly incorporated herein by reference and made a part of this Policy. By using the Site and Services, you signify that you agree to the terms of this Privacy Policy as well as to our Terms of Service.

WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers the treatment of personally identifiable information (“Personal Information”) gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we share with our business partners.

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (“Third Party Services”) that you elect to access through the Service or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access. Please note that our blog is hosted on Tumblr, https://www.tumblr.com, which is a Third Party Service, and your usage of and any information you submit to such blog will be governed by Tumblr’s, https://www.tumblr.com/privacy/en, policies.

WHO ARE PERMITTED USERS?

We intend only persons who are 18 years or older to use the Services. Personal registration information submitted by a person under the age of 18 will not be accepted. Any general information provided by a person under the age of 18 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this policy. We are committed to protecting the privacy of children and have no intention of collecting personal data from children under the age of 18. We encourage parents and guardians of children under 18 to regularly check and monitor their children’s use of e-mail and other activities online.

In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit or accept Personal Information from users known to be under 13 years of age. If you are under the age of 13, please do not attempt to register for the Services or send any personal information about yourself. If we learn that we have received any Personal Information from a user under 13 years of age, we will take appropriate steps to remove that user’s Personal Information from our records.

WHAT INFORMATION DO WE COLLECT?

The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. We collect the following types of information from our users.

ACCOUNT INFORMATION:

When you create an Account, you will provide information that could be Personal Information, such as your password and email address. You acknowledge that this information may be personal to you, and by creating an account on the Services and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We encourage you to promptly to update your Personal Information when it changes.

We may use your contact information to send you information about our Services, but only rarely when we feel such information is important. You may unsubscribe from these messages through your Account settings, although we, regardless, reserve the right to contact you when we believe it is necessary, such as for account recovery purposes.

If you access the Services through your online account with a third party service provider, such as with your Facebook ID, (“Third Party Account”) you are allowing the Services to access your information, including Personal Information, contained on this Third Party Account. We will use all information available that we may receive through such Third Party Account in accordance with the Third Party Account policies and the privacy settings you have selected through them, so please review such policies and settings.

User Content; Testimonials:
Some features of the Services may allow you to provide content to the Services, such as written comments and testimonials. All content submitted by you to the Services may be retained by us indefinitely, even after you terminate your account. We may continue to disclose such content to third parties, as described in this Privacy Policy.

Financial Information:
If you purchase products through the Services, your financial information, such as your payment method (valid credit card number, type, expiration date or other financial information), is collected and stored by our third party payment processing company (the “Payment Processor”), and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy. We currently use Braintree as our Payment Processor (www.Braintree.com); however, we reserve the right to change our Payment Processor at any time in our sole discretion. In order to facilitate your order transactions, we collect and store your credit card expiration date and the last four digits of your credit card number, but no other financial information.

Shipping Information:
When you order products using the Services, we request and store your shipping information. We share this information with our third party Payment Processor, fulfillment companies, partners and other third parties for purposes of customer service and order fulfillment. Use of your information by such parties is governed by their respective privacy policies and outside of our control.

IP Address Information and Other Information Collected Automatically; Statistical Information:
We automatically receive and record information from your web browser when you interact with the Services, including your IP address and cookie information. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on). Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Site, and we collect statistical information about how users use the Services (“Statistical Information”). This Statistical information may include Personal Information and we may also use this data in aggregate form. This type of data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.

Email Communications:
We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service. In order to improve and provide the Services, we may also track your usage of and interaction with our emails, such as opens and clicks.

Information Collected Using Cookies:
Cookies are pieces of text that may be provided to your computer through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. We use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site and otherwise use the Services through the Internet.

Our cookies do not, by themselves, contain Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are. As noted, however, we do use cookies to identify that your web browser has accessed aspects of the Services and may associate that information with your Account if you have one.

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Chrome, Safari, Firefox, Internet Explorer, or other browser). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the websites you visit, including the Site, and you may lose access to some of the features otherwise available.

This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer.

Information Related to Advertising and the Use of Web Beacons:
To support and enhance the Services, we may serve advertisements, and also allow third parties’ advertisements, through the Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called “ad networks.” Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.

Advertisements served through the Services may be targeted to users who fit a certain general profile category and may be based on anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age), may be based on the Services usage patterns of particular users, or may be based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use outside of the Services.

To increase the effectiveness of ad delivery, we may deliver a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.

HOW, AND WITH WHOM, IS MY INFORMATION SHARED?

Some aspects of the Services may allow you to share information with others. As a result, some of the information generated through the Services is shared publicly or with third parties.

Public Information About Your Activity on the Services:
Some of your activity on and through the Services is public by default. This may include, but is not limited to, content you have posted publicly on the Site or otherwise through the Services or through our blog, as well as any testimonials you may choose to provide us.

Registered users may have some of this information associated with their Accounts. Unregistered users will not have this association, but information concerning their use of the Services (such as what pages they have visited) may be tracked anonymously through the use of cookies and stored by us.

Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.

IP Address Information:
While we collect and store IP address information, that information is not made public. We do at times, however, share this information with our partners, service providers and other persons with whom we conduct business, and as otherwise specified in this Privacy Policy.

Information You Elect to Share:
You may access other Third Party Services through the Services, for example by clicking on links to those Third Party Services from within the Site, including without limitation to our blog, which is hosted on Tumblr. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies. Please note that those other Third Party Services may send their own cookies to users, collect data, or solicit personal information. Your visits and access to such Third Party Services is at your own risk. This Privacy Policy only governs information collected on our Services only.

Statistical Information:
We share Statistical Information with our partners, service providers and other persons with whom we conduct business. We share this type of data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non-Personal Information about you that they have independently developed or acquired.

Email Communications with Us:
As part of the Services, you may occasionally receive email and other communications from us, such as communications relating to your Account. Communications relating to your Account will only be sent for purposes important to the Services, such as password recovery. You may unsubscribe from promotional messages.

Private User Profile Information:
Any information you submit to the Services that you do not publicly post through the Services will not be shared with other users. For example, your Subscription information will not be shared with other users.

Financial Information:
As stated above, your financial information is collected and stored by our Payment Processor; we collect and store your credit card expiration date and the last four digits of your credit card number only. However, we may from time to time request and receive some of your other financial information from our Payment Processor for the purposes of completing transactions you have initiated through the Services, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identifying possible fraudulent transactions, and otherwise as needed to manage our business.

Information Shared with Our Agents and Partners:
We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents. In addition, we may need to share Personal Information with our brand partners in order to provide products and services to you. Use of your information by such partners is governed by their respective privacy policies.

Information Disclosed Pursuant to Business Transfers:
In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

Information Disclosed for Our Protection and the Protection of Others:
We also reserve the right to access, read, preserve, and disclose any information, including Personal Information, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention. We also fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your Personal Information for security purposes, as described in this Policy to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy.

Information We Share With Your Consent:
Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

IS INFORMATION ABOUT ME SECURE?

Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account.

We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

We otherwise store all of our information, including your IP address information, using commercially reasonable industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.

Please keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While we strive to protect your Personal Information and privacy, we cannot guarantee the security of any information you disclose online. By using this Services, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the Services and that any Personal Information, general information, or other data or information received from you through the Services is provided to us at your own risk, which you expressly assume.

WHAT INFORMATION OF MINE CAN I ACCESS?

If you are a registered user, you can access information associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings.

California Privacy Rights: Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: 1434 E. Lake Mead Parkway Henderson, NV 89015 or feedback@nexwear.com.

HOW CAN I DELETE MY ACCOUNT?

Should you ever decide to delete your Account, you may do so by emailing feedback@nexwear.com or calling us at 1-866-420-NXWR. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public.

WHAT CHOICES DO I HAVE REGARDING MY INFORMATION?

You can use some of the features of the Services without registering, thereby limiting the type of information that we collect. You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features. You can delete your Account. Please note that we will need to verify that you have the authority to delete the Account, and activity generated prior to deletion will remain stored by us and information submitted publicly may remain publicly accessible.

WHAT HAPPENS WHEN THERE ARE CHANGES TO THIS PRIVACY POLICY?

We may amend this Privacy Policy from time to time in our sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the Services or sending you an email. Changes, modifications, additions, or deletions to this Policy will be effective immediately on their posting to this Site or on the date that we otherwise notify of you the change. You should check this Policy periodically as its terms may change from time to time. Your continued use of the Services after we post any such modifications will constitute your acknowledgment of the modified policy and your agreement to abide and be bound by the modified policy. We will also revise the “Effective Date” found at the beginning of this Privacy Policy when we post changes to it.

WHAT IF I HAVE QUESTIONS OR CONCERNS?

If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to: 1434 E. Lake Mead Parkway Henderson, NV 89015 or by email at feedback@nexwear.com. We will make every effort to resolve your concerns.