Nudge Privacy Policy

Nudge Software Inc (“we”/”us”) are committed to protecting your privacy. We make the website, www.neednudge.com (the “Website”) and our mobile applications available for download (the “Apps”) available together with our services which help you grow your business relationships as further described in our Terms of Service [www.neednudge.com/terms-of-use/] (collectively the “Services”). This Privacy Policy describes how we collect, store, use and distribute information about our users through the Website and Services. It does not apply to any third party sites or services which you might access through or in connection with the Website.

Consent: By using the Website, downloading our Apps and/or using the Services more generally, you consent to the use of your Personal Information as described in this Privacy Policy. Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using the Website and/or the Services.

1. COLLECTION OF INFORMATION

We aim to collect, use and disclose only such information as is required to enable us to manage your account, to provide the Services, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes, for service improvement and other purposes as described in Section 2 - Use of Information. We will maintain the confidentiality of any contact information you provide to us on signing up for our Services or contacting us with questions or for further information and we will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below (See Section 3 – Disclosures and Transfers), unless you agree that we may disclose it to other third parties.

Two types of information may be collected through the Services: Personal Information and Non-Personal Information. This Privacy Policy does not extend to the collection, use or disclosure of the following information which is currently not limited by applicable privacy laws: (a) information that is publicly available, such as names, addresses, telephone numbers and electronic address when listed in a directory or made available through directory assistance; or (b) Non-Personal Information (as defined further below).

“Personal Information” is personally identifiable information, such as your name, address, e-mail address, credit card information, birth date and gender. At the time of collection, we will clearly identify the information being collected and the purposes for which it will be used. It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register to use the Website or be able to access and use the Website at all. In other instances, your choice not to provide certain other Personal Information may mean that you will not be able to use certain features of the Website.

Information Collected By Us. We may collect Personal Information in respect of the Services through registration processes; communications with you; information downloads; service purchases; access to your contact lists through social media sites and from your device, user support; and surveys and depending on the communication method that you have elected to connect through, we may have access to other information about you from third party sites. Although many email service providers require us to ask for permissions to view, edit, and manage your email, we only view and access the following information in order to provide the Services to you. Through your use of the Services we will have access to your message history including details of the message sender and recipient data that is transmitted or received to your Nudge account. We track the To, From and CC fields and the Date/Time of emails and we look at some email headers to exclude draft messages and auto-responders and we also look at the subject line to try to detect auto responders. Header and subject-line information is not stored in our systems and is only used for the analysis indicated above. The ID of a message is also tracked for service provision purposes and we only access it where necessary, for example, in connection with complying with legal requirements. We do not have access to any message changes you make to recommendations before you send them as a message, which means the version in your sent items may differ from the original Nudge made available to you for transmission (for example, you can customize a message and we will not see the customized portions of that message). We pull the email addresses of attendees and their calendar responses, meeting title, location, time and duration of a meeting from messages for your use of the Services but we do not access the meeting descriptions. All message and calendar information from your Nudge account and use of the Services is used by us to provide the Services to you.

• Information Collected from You About Others.Information about any of your contacts who are the contacts of other Nudge Service user may be aggregated by the Nudge Service to provide a more detailed snapshot of those shared contact from all sources using the Nudge Service. If you decide to invite a third party to create an account with us, you should only do so if you think that third party would want to be contacted by us. If you extend an invitation, we will collect your and the third party’s names and email addresses in order to send an email and follow up with the third party. We rely upon you to obtain whatever consent from the third party that may be required by law to allow us to collect the third party’s name and email address as described above. You or the third party may contact us at [email protected] to request removal of this information from our database.

• Information Collected from Third Party Companies.We may receive information about you from third parties. We may add this information to the information we have already collected from you via our Services, for a variety of purposes, including to verify other information about you and to improve our Services.

• Information Collected by Third Party Companies. If you opt to receive subscription services from us which require the payment of fees, you will be redirected to our third party payment provider and will be required to provide your credit card or other payment information to that third party payment processor. We do not have access to that information and the use and storage of such information is subject to the privacy policy of the third party provider which you should read carefully.

Minors: The Services are intended primarily as a tool and resource for business users and therefore do not knowingly collect any Personal Information about minors who are 13 years old or younger and our Services are intended primarily for business users.

“Non-Personal Information” is information of an anonymous nature such as aggregate, anonymized information such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors, what pages users access or visit, and average time spent on the Website. Business contact information such as the name, title, business address, e-mail address, or telephone number of a business or professional person or an employee of an organization is not considered Personal Information.

Although the use of certain Non-Personal Information collected, used or disclosed through the Internet as described herein is not restricted (and to the extent that such is the case, the obligations under this Privacy Policy do not apply to such information), we provide information in this Privacy Policy about the collection of such information for the sake of transparency with respect to the operation of the Website. Such Non-Personal Information is collected or derived by us in the course of operating this Website. For example, our web servers may automatically collect Non-Personal Information that is provided through your browser or stored in a cookie when you choose to visit and use the Services.

2. USE OF INFORMATION

We collect information for the following purposes:

• Registration: In order to order our Services you must provide certain Personal Information to us such as your full name, address and email address. We also request your business name and certain contact information which is Non-Personal Information. The Services include the ability to compile a list of contacts from across your social media profiles address book to facilitate your contacting those individuals using the Services so that information is stored after registration and throughout your use of the Services for the purpose of facilitating your sending Nudges. This aspect of the Services will only apply if you give us access to your social network or email client (for example logging in through a third party site like Google+ or LinkedIn).

• Nudges: You can receive a recommendation for a ‘Nudge’ to send to a contact through the Services. We may send push notifications when Nudges are sent and received. The sender of a Nudge will be able to tell when the recipient of a Nudge has clicked on any tracked links, and responded to the Nudge. Although a Nudge may be deleted by the recipient, we do not guarantee that all copies of the Nudge have been deleted. It is possible that a recipient of a Nudge may make a Nudge they receive available online or share it with other parties. You acknowledge that we cannot control such actions and disclosures and accordingly we will not be liable for such disclosures of your Personal Information.

• Transactional Notifications: We provide notifications for certain activities relating to your use of our Services despite your indicated e-mail preferences, for example we may send you notices of any updates to our Terms of Service or Privacy Policy.

• Marketing Communications: If you opt-in to receive marketing communications from us, we will keep you up to date on our products and services. You may withdraw your consent to receiving marketing communications from us at any time by following the opt-out instructions in each communication.

• Statistics: we collect statistics about use of the Services. This information will be kept confidential, however, aggregate statistics that do not personally identify an individual will be kept by us and such aggregate statistics may be made available to other members or third parties.

• System Logs & Cookies: Cookies are used by us to track content usage and traffic on the Website. A cookie is a feature of your web browser that consists of a text file that is placed on your hard disk by a web server. The Website uses cookies to help it compile aggregate statistics about usage of this Website, such as how many users visit the Website, how long users spend viewing the Website, and what pages are viewed most often. This information is used to improve the content of the Website. You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Website. We do not link any of the information we use in cookies to any personally identifiable information submitted by you when you are on the Website. Your IP address is reported by your web browser whenever you visit a page on the Website. This information is recorded together with your registration information on our databases.

• Advertisements: Any advertisements appearing on the Website may be delivered by us or one or more third-party web advertisers. These third party web advertisers may set cookies. These cookies allow the advertisement server operated by that third party to recognize your computer each time they send you an online advertisement. Accordingly, advertisement servers may compile information about where or whether you viewed their advertisements and which advertisements you clicked on. This information allows web advertisers to deliver targeted advertisements that they believe will be of most interest to you. The Privacy Policy applies to cookies placed on your computer by us, but does not cover the use of cookies by any third-party web advertisers. For the privacy practices of such third-party web advertisers, you should consult the applicable privacy policy for the relevant third-party web advertiser(s).

If we plan to use your Personal Information in future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy. See further the section of this Privacy Policy entitled ‘Amendment of this Policy’.

3. DISCLOSURES AND TRANSFERS

We have put in place contractual and other organizational safeguards with our agents (see further below) to ensure a proper level of protection of your Personal Information (see further Security below). In addition to those measures, we will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further Important Exceptions below).

As at the date of this Privacy Policy, we do not share Personal Information about you with third parties for their own use. However we do use third party providers to provide hosting and other services to Nudge and those third parties might have limited access to your personal information while providing their services. Our servers are also located in the USA and accordingly your Personal Information may be available to the US government or its agencies under a lawful order, irrespective of the safeguards we have put in place for the protection of your Personal Information.

From time to time we may employ third parties to help us improve the Website and/or the Services. These third parties may have limited access to databases of user information solely for the purpose of helping us to improve the Website and/or the Services and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose.

Important Exceptions: We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website members, other users of the Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.

We may also disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

Security: The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your email account information for the Services to third parties password.

Retention: We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints.

4. OTHER IMPORTANT TERMS

Amendment of this Policy: We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post an appropriate notice on the home page at www.neednudge.com and may send a notification to your email account if we make significant changes to this Privacy Policy. Any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted and any material changes will become effective 30 days from their posting on the Website. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you. The date on which the latest update was made is indicated at the bottom of this document. Your continued use of the Services signifies your acceptance of any changes.

Access and Accuracy: You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.

Contact Us: If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at: [email protected].

Last Updated: January 18, 2016