PRIVACY POLICY

NEBBIA Privacy Policy

Effective Date: 14.5.2021

IMPORTANT NOTICE

At NEBBIA, our mission is to make consumers and end-users better by enabling their ability to achieve their goals through our passion, design, and the relentless pursuit of innovation. That mission covers our offline and in-store activities, and extends to our online community as well through our websites, applications, and connected products and services (which we collectively refer to in this Privacy Policy as the “Services”). Our Privacy Policy describes how we collect and process your Personal Data through our websites. We encourage you to read this Privacy Policy as well as our Terms and Conditions of Use (referred to throughout as our “Terms”).

BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE AND TRANSFER OF YOUR PERSONAL DATA FOR PROCESSING IN THE UNITED STATES AS DESCRIBED IN THIS PRIVACY POLICY. END USERS FROM OUTSIDE THE US ARE ENCOURAGED TO READ THE FOLLOWING:

NEBBIA Services, and all associated Services and systems, including registration, is housed on servers in the United States and in the European Union. If you are located outside of the United States, please be aware that information we collect (including cookies and device data) will be processed and stored in the United States and in the European Union, a jurisdiction in which the data protection and privacy laws and principles, including your data subject rights, may not offer the same level of protection as those in the country/region where you reside or are a citizen. By using our Services and providing information to us, you consent to the transfer to and processing of the information in the United States and in the European Union and, unless otherwise stated in this Privacy Policy, we use this consent as the legal grounds for that data transfer.

Please read this Privacy Policy carefully, as your access to and use of the Services signifies that you have read, understand and agree to all terms within this Privacy Policy. If you do not agree with any part of this Privacy Policy or our Terms, please do not access or continue to use any of the Services or otherwise submit your Personal Data.

Note to Residents of the European Union: In order to comply with the requirements of the European General Data Protection Regulation (GDPR) for our European consumers and users, this Privacy Policy outlines the legal basis on which we process your Personal Data and provides other information required by the GDPR. Further country/region specific information for our European consumers and users is outlined in the Location-Specific Disclosures section.

Who We Are

We are NEBBIA USA, LLC., as well as our family of affiliated companies (collectively referred to herein as “NEBBIA,” “we,” “us,” or “our”). We provide Internet services including, for example, linked to below:

NEBBIA and NEBBIA Shopping

Information About Your Personal Data

This Privacy Policy relates to data about you, your devices, and your interaction with our Services.

“Personal Data” is information that can be used to identify you, directly or indirectly, alone or together with other information. This includes things such as a person’s(a) full name, (b) email address, (c) phone number, (d) precise location, (e) biometric data, (f) online identifier that allows a specific person to be contacted either physically or online, (g) device IDs, (h) certain cookie and network identifiers and (i) any other information concerning a person collected from the person through the Internet website or online service of the operator and maintained by the operator in combination with an identifier in a form that makes the information personally identifiable.

NEBBIA collects, uses, discloses and processes Personal Data as outlined in this Privacy Policy, including to operate and improve the Services and our business; for advertising and marketing; and to provide you with innovative fitness and wellness services, as further described in this Privacy Policy.

We may create de-identified or anonymous data from Personal Data by excluding data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you, through obfuscation, or through other means. Our use of anonymized and de-identified data is not subject to this Privacy Policy.

How We Collect and Use Personal Data

We collect your Personal Data in a number of ways and for various purposes, including:

When you register for an account or interact with our Services.

We collect Personal Data when you use or interact with our Services, including when you register with us, browse our products online, make purchases from us (including processing of payment), and when you ask us to customize apparel, products, or Services. This Personal Data may include name, address, phone number, username and password, email address, date of birth, payment information and Location Data. “Location Data” means either approximate location or, with your consent, precise location. We use this data to create your account, enable your activity within our Services, and to provide the services generally, including to develop, enhance, and improve our Services and your experience. We also use this data for internal purposes related to certain research, analytics, innovation, testing, monitoring, customer communications, risk management, and administrative purposes.

When you give us permission to collect Location Data.

We may collect precise Location Data as part of the functionality of our Services, such as to provide route maps, route tracking, geographically relevant Services, offers, or ads, and to conduct analytics to improve the Services. We may collect precise Location Data in several ways, such as through your wireless carrier, based on WiFi access point location, via Bluetooth beacons, through a connected device, or directly from the device on which you use the Services. In all events, we do not collect precise Location Data, unless you have “allowed” its collection.

When you communicate with us or sign up for promotional materials.

We collect Personal Data when you communicate with us or sign up to receive promotional materials or information via email, push notifications, or text messages – including email address, mobile number, WeChat ID, etc.

If you consent to such messages, we may use your Personal Data and other information to communicate with you about the NEBBIA products or Services you have purchased or used; provide you with promotional messages and personalized advertising; to notify you of other products; and other promotions (“Promotions”); and, for other marketing purposes. You can manage your communication preferences by registering for and logging into your account or by contacting us.

Please note that regardless of your email settings, we may send you notifications pertaining to the performance of our Services, such as revision of our Terms or this Privacy Policy or other formal communications relating to products you have purchased or use.

We may use your Personal Data to respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests. We may also use your Personal Data to address your requests, inquiries, and complaints.

When you participate in special activities, offers, or programs.

We may request or otherwise collect Personal Data when you participate in Promotions, when you participate in surveys. This includes Personal Data, such as name, address, email address, telephone number and age and other information that may be appropriate in order to participate. If you win a Promotion, we also may need to collect certain tax information, waivers and releases, depending on the prize.

We may also launch surveys that ask you to answer questions about a range of topics from Personal Data to brand and product preferences. Promotions or surveys may be run by an NEBBIA service provider or co-branded with one of our business partners. In such instances, Personal Data may be collected directly by and/or shared with NEBBIA, the service provider, and/or business partner, including for marketing purposes. Each Promotion or survey that treats your Personal Data in a way that differs from this Privacy Policy will state the privacy policy governing that collection of information in connection with that Promotion or survey.

When you engage with our online communities or advertising.

We may collect your Personal Data when you engage with our online communities. This includes when you click on advertisements, interact with our social media pages, submit content, leave reviews, or otherwise enter information into comment fields, blogs, message boards, events, and other community forums sponsored by or affiliated with NEBBIA.

When you access third party products and services.

We may allow you to register and pay for third-party products and services or otherwise interact with another website, mobile application, or Internet location (collectively “Third Party Sites”) through our Services, and we may collect Personal Data that you share with Third Party Sites through our Services. When we do so, we will inform you of the further details of how we use your Personal Data.

When you connect with us through social media.

You may choose to enable, log into, or sign on to the Services through various social media or social networking services, such as Facebook, WeChat, or Twitter (“Social Networking Service” or “SNS”). When you connect using your SNS accounts, we may collect Personal Data that you have provided to that SNS. For example, when you log in with your Facebook credentials, with your consent, we may collect Personal Data from your Facebook profile that is permitted under Facebook’s Terms of Use – such as your email address, profile picture, and friend list. We use this data to provide, enhance, and personalize the Services (e.g., to help connect you with or suggest friends within our Services). If you do not want to provide us with this data, you need to adjust the privacy settings on your SNS account.

When we collect data from third parties or publicly-available sources.

We may obtain certain data about you from third party sources to help us provide and improve the Services and for marketing and advertising. We may combine your Personal Data with data we obtain from our Services, other users, or third parties to enhance your experience and improve the Services, such as providing you with a single point of sign on for our Services and/or building an account dashboard letting you understand how to access and control all the Services you use from a single page.

When we leverage and/or collect cookies, device IDs, Location, data from the environment, and other tracking technologies.

We may collect certain Personal Data using cookies and other technologies such as web beacons, device IDs, advertising IDs, geolocation, HTML5 local storage, Flash cookies, and IP addresses. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization, performance/analytics, and advertising. Our Cookie and Device ID Use section contains more information and options to control or opt-out of certain data collection or uses.

When we track you in Store.

For certain NEBBIA owned or operated stores and outlets, we use video cameras and WiFi sensors and cameras for in-store analytics. Specifically, these technologies are used to determine the number of unique visitors, in-store traffic patterns, and shelf interest. Video image data is not permanently stored. Although we may use a third party vendor to perform these services, in-store image and WiFi data are not shared with any other third parties for their own purposes and are not used to personally identify you except for fraud and loss prevention and to prevent or investigate instances of suspected wrongdoing or potential criminal activity as permitted by law.

When we aggregate or centralize data.

We aggregate and centralize Personal Data for purposes of analytics, innovation, and to provide enhanced services to our customers and end-users.

When we provide you geographically relevant Services, offers, or advertising.

Where you have provided consent to process your precise Location Data, we may use such data to provide you with Services, offers or advertising that are relevant to your location.

When you ask us to customize apparel, products, or Services.

We use photos, videos, or other data you provide to us to customize apparel, products, or Services.

When we comply with Legal Requirements or Obligations, Law Enforcement, and for Public Safety Purposes ( Location-Specific Disclosures may apply).

We may use Personal Data in order to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms of Use, this Privacy Policy, or agreements with third parties, or for crime-prevention purposes.

How We Disclose Personal Data

We may disclose your Personal Data for the purposes as described in the prior section of this Privacy Policy, in the Location-Specific Disclosures section, and in the following ways:

To Affiliates and Partners

With companies or ventures that are owned or controlled by NEBBIA, and internally within NEBBIA, in order to provide and improve Services, for marketing purposes, and for advertising.

To Service Providers and Vendors.

With business partners, marketing partners, and vendors to provide, improve, and personalize the Services.

To Social Network Providers.

With social network providers when we use social network widgets, buttons, or plug-ins in our Services.

To other Users/NEBBIA Registered Users.

With other users in the context of specific Services that are social in nature. In these cases, we disclose social data by default because the service being provided is one of social interaction. Additionally, any information you post or disclose in our community forums (for example, Facebook, WeChat, YouTube, or Twitter) is public.

For Advertising and Marketing.

With advertising and marketing partners for advertising and marketing purposes on NEBBIA’s behalf and on behalf of third parties, including Facebook, Baidu, and WeChat.

In addition, with your consent, we may share your precise Location Data with Third Parties for on and off platform personalization and curated marketing and advertising purposes.

For Certain Analytics and Improvement

With certain companies for purposes of analytics and improvement of the Services.

For Interest-Based Advertising.

With companies involved in interest-based advertising, including web, mobile app and other advertising. This advertising consists of NEBBIA and third party ads that are personalized and displayed on our sites and apps and through other channels. Advertising also includes personalized ads from the NEBBIA family of companies displayed on Third Party Sites and apps and through other channels. For more information on how data is disclosed for advertising see Interest-Based Advertising.

For Legal Compliance, Law Enforcement, and Public Safety Purposes (Location-Specific Disclosures may apply).

With law enforcement, government or regulatory bodies, lawful authorities, or other authorized third parties in order to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms of Use, this Privacy Policy, or agreements with third parties, or for crime-prevention purposes.

In the event of an actual or contemplated sale. (Location-Specific Disclosures may apply).

With prospective or actual purchasers, investors, or successor entities in connection with a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction, pursuant to assurances of sufficient data handling practices and safeguards.

Residents of the European Economic Area. Our disclosure is limited to situations where we are permitted to do so under applicable European and national data protection laws and regulations.

A list of types of companies with whom we share data is available here:

Types of Companies NEBBIA Shares With

A list of types of companies with whom we share data includes, but is not limited to:

NEBBIA USA, LLC and its affiliates: We share personal data within the NEBBIA family of companies to provide our services and to better understand our business, analyze our operations, improve the Services, and to develop new products and Services. In addition, we share personal data to provide consumers with information on the products and Services that we think are most relevant to them and to enable us to measure the success of our marketing activities.

Marketing and Advertising Operations: We share personal data with third parties for marketing and advertising e.g., Facebook, Inc. (United States); so they can assist NEBBIA in promoting our goods and services on and off platform to current and future consumers through targeted advertisements.

Third Party Marketing and Advertising: We share Personal Data with certain third parties (e.g., Google (United States), and other advertising networks so that the third parties can assist NEBBIA in marketing and advertising relevant goods and services on our digital platform(s).

Customer Service: These third party systems and solutions allow us to assist in answering consumer complaints and addressing consumer technical issues e.g., ZenDesk Inc. (United States), etc.

Surveys and Consumer Insights: We work with third parties to send surveys and meet with consumers face-to-face to discuss products and services as part of our mission for our products and services to make all athletes better.

Analytics: We use third party hosted solutions like Google Analytics – Google LLC (United States) to help UA evaluate and analyze product and consumer trends.

Consulting Services: We engage with consulting services to evaluate our processes, audit our systems, and assist in our overall operations.

Payment for Goods and Services: When you authorize payment through our eCommerce or Retail platforms, or through a third party such as ApplePay – Apple Inc. (United States) we facilitate information sharing to confirm payment.

Shipment of Goods: To deliver your goods we share data with shipping providers like Deutsche Post AG (Germany) to ensure fulfillment of your items.

Social Networks and Sharing: We use widgets and tools from social networks, for example, widgets from Facebook Inc. (United States) to enable sharing and other functions through social networks.

Legal Basis for Processing

This section addresses the legal basis for processing your data if you reside outside the United States (within the United States, you typically provide consent when you receive notice of this Privacy Policy in a website link or mobile app). Some processing is addressed in multiple sections because more than one legal basis may apply depending on the circumstances or service.

For the purposes of applicable data protection laws, NEBBIA, Inc. is the controller of the Personal Data you provide to us (“Data Controller”). As a Data Controller, we process the Personal Data we maintain about you in accordance with this Privacy Policy. If you have any questions or concerns regarding the processing of your Personal Data, or if you have questions regarding this Privacy Policy, please see our Location-Specific Disclosures for appropriate contact information.

Note for Residents of the European Union: For more information on the Legal Basis for processing see the EEA Location-Specific Disclosures.

We collect and process your Personal Data for a variety of purposes outlined in this Privacy Policy. In certain cases, separate consent is not required, including:

For the performance of a contract

To perform our contractual obligations to you, including account registration, fulfilling orders or purchases you have made (including processing of payment), contacting you in relation to any issues with your order, in relation to the provision of the Services, or invite friends, when you ask us to customize apparel, products, or Services, where we need to provide your Personal Data to companies or ventures that are owned or controlled by NEBBIA and to our service providers, where we need to collect Personal Data from third party sources and when you access third party products and services, where we collect data from third parties or publicly-available sources, or to aggregate and centralize data for the performance of the Services

To meet legal obligations

To comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation.

For Legitimate Interests

To operate our business and provide the Services, other than in performing our contractual obligations to you for NEBBIA’s “legitimate interests” for the purposes of applicable law – except where overridden by the interests or fundamental rights and freedoms that require protection of Personal Data.

For example, the following areas include processing covered by Legitimate Interests, subject to applicable law:

Communication. To communicate with you regarding the Services, including to provide you important notices regarding changes to our Terms and also to address your requests, inquiries, and complaints. We may send strictly necessary communications, including emails, even if you have opted out of receiving other NEBBIA emails or communications. These types of communications do not require consent. We also process your Personal Data for our legitimate interests when you communicate with us, including when you sign up for promotional materials and we have not asked you for your consent in that regard.
Respond to Your Requests. To respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests.
Promotional Messages. We process your non-sensitive Personal Data to provide you with promotional messages and personalized marketing, including: when you communicate with us or sign up for promotional materials; when you participate in special activities, offers, or programs; when you engage with our online communities or advertising; to provide you geographically relevant Services, offers, or advertising; when we aggregate and centralize data; and when we share Personal Data with companies or ventures that are owned or controlled by NEBBIA and with our service providers and vendors.
Surveys. To send you surveys in connection with our Services, unless commercial in nature. In those cases, a survey request may be sent to you if you have given us your consent to receive marketing from us.
Compliance with Law and Public Safety. To assist in the investigation of suspected illegal or wrongful activity, including in-store tracking and sharing information with other entities for fraud, loss, and crime prevention purposes. To protect and defend our rights and property, or the rights or safety of third parties.
Improvement and Development. To develop, provide, enhance, and improve our Services and your experience, including to enable you to use the full range of our Services (e.g., processing of non-sensitive Personal Data; in-store tracking; when you access third party products and services; when we collect, use, or otherwise leverage cookies, device IDs, Location Data, data from the environment, and other tracking technologies; when you connect with us through social media; when we collect data from third parties or publicly-available sources; when we aggregate and centralize data; and when we share Personal Data with companies or ventures that are owned or controlled by NEBBIA and with our service providers and vendors). For internal purposes related to certain research, analytics, innovation, testing, monitoring, customer communication, risk management, and administrative purposes.
Enforcing Terms and Notice. To enforce our Terms or this Privacy Policy, or agreements with third parties.
Merger or Acquisition. (Location-Specific Disclosures may apply). To support a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction.

Consent as a Basis for Processing

In some cases, we will ask for your consent to process your Personal Data. You may indicate your consent in a number of ways, including, as permitted by law, ticking a box (or equivalent action) to indicate your consent when (i) providing us with your Personal Data through our Services or a form (including enrolling in Promotions); or (ii) registering or creating an account with us. Due to different countries’ laws governing consent for the collection and use of Personal Data, the requirements for consent will differ across regions. We may request your consent for a number of activities including:

NEBBIA Marketing and Communication.

We may ask for your consent to contact you by telephone, SMS/text message, WeChat, and/or email about other offers, products, Promotions, events, or services that we think may be of interest to you and for other marketing purposes.

Sharing with Third Party Services.

We may also ask for your consent to share your Personal Data with certain Third Party business partners in order to offer certain goods, services, or programs. To withdraw consent, please go to the preferences of the specific third party service or app.

Third Party Marketing.

We may ask for your consent to provide Personal Data to allow third parties to contact you regarding their products, services, Promotions, or offers.

Processing Sensitive Personal Data.

We may request your consent to process sensitive Personal Data. Certain Websites or Mobile Apps may require this data to provide the Services. If you choose not to provide sensitive Personal Data, certain features or Services may be unavailable or not function properly.

Collecting and Sharing Location Data.

We may request your consent to collect your precise Location Data. Our Services may require this data to provide the Services. If you choose not to provide this information, certain Services features may be unavailable or not function properly. Location Data may be used to display your live location and movement and may also recognize when you have entered an NEBBIA store or NEBBIA section and to provide you with tailored information, advertising about products and services.

In addition, we may request your consent to share your precise Location Data with Third Parties for on and off platform personalization and curated marketing and advertising purposes.

Research.

We may request your consent to use your Personal Data for Research purposes. We may also request your consent to contact you to determine your interest to participate in certain Research initiatives and to share identifying results. For market research, we may ask questions on behalf of business partners and share your response with business partners.

Advertising.

We use cookies, pixels (including email pixels), mobile device and advertising IDs, Location Data, app or service usage data and data from sensors for purposes of interest-based and cross-app, cross-device advertising. The consent for which may be managed at the operating system level.

Transfer of Data.

We transfer data to the United States and to other countries/regions for processing. We may request your consent for this transfer or the transfer, in other cases, may be justified by a legal basis other than consent.

Automated Processing.

We may use some automated processing to provide our Services and to make recommendations in the context of specific services. This processing is strictly necessary for providing certain Services (and, in some cases, is the service itself) and is not covered by consent. Other automated processing is not significant either due to the nature of the data or the decisions being made or recommended, and so consent is not required. However, for automated processing that is significant and related to sensitive Personal Data, prior to sharing or using such data, we will first seek your consent.

For the subset of automated processing included in ad profiling for ad targeting, you can change your consent status (for website services) by turning advertising cookies off as outlined in in our Cookie and Device ID Use section. For mobile apps, you can change your consent status by activating your Limit Ad Tracking or equivalent setting as described in our Cookie and Device ID Use section.

To Enable Social Sharing and Connect with Us on Social Media.

Some of our services consist of social sharing and communication with others. If you sign up for these services, we may ask for your consent to use your information to enable sharing as described in the service.

We may also ask for your consent when you connect with us through Social Media.

Promotions.

We may ask you for permission to use your Personal Data for special offers, events, sweepstakes, and other Promotions. We may use the Personal Data we collect during Promotions, to administer the Promotion, verify identity and age, and to communicate with you about the Promotion.

Interest-Based Advertising

Interest-based advertising is advertising that is targeted to you based on your web browsing and app usage over time and across websites or apps. Our advertising practices also include the creation and use of “audience segments.” You have the option to restrict the use of information for interest-based advertising and to opt-out of receiving interest-based ads. Depending on where you access our website from, you may also be asked to consent to our use of cookies, including advertising cookies. Additional information on Audience Segments and our choices for interest- based advertising is found below.

Audience Segments

We disclose various types of information for purposes of interest-based advertising, including for third party, interest-based advertising. This processing includes the use of Personal Data to create de-identified audience segments. These audience segments are then made available for interest-based advertising, including for third party advertising, on NEBBIA online properties. The audience segments are based on website visits, website usage data, online and offline purchasing behaviours, interaction with our ads or marketing emails, similar types of information, and in some cases, data from third parties. The segments, prior to being used, are de-identified so that they will not identify you personally.

United States Note: The audience segments are made available for interest-based advertising for third party advertising on NEBBIA online properties and on and within third party websites and apps. We use one or more safe haven entities and partners to de-identify segments before sharing these segments for third party advertising displayed on online properties operated by entities other than NEBBIA. We use a third party to match de-identified segments to targeting IDs that are then used on third party sites.

Interest-Based Advertising Opt Outs, Choices, and Control

For all of the interest-based advertising described above, including segments, you have the choice to not have your data used to target and serve you interest-based advertising-including third party advertising-regardless of where such ads might be served. These opt-outs require that strictly necessary cookies are not blocked by the settings in your web browser. We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance in the US, the Canadian Digital Advertising Alliance in Canada, and the European Digital Advertising Alliance in the EU. If you live in the United States, Canada, or the European Union, you can visit Ad Choices (US), Your Ad Choices (Canada), or Your Online Choices (EU) to find a convenient place to opt-out of interest-based advertising with participating entities for each region. These websites also provide detailed information about how interest-based advertising works. Opting out does not mean that you will no longer receive advertising from us, or when you use the Internet. It just means that the data collected from our website will not be used for interest-based advertising and that the advertising you see displayed on websites will not be customized to your interests.

Our Cookie and Device ID Use section provides additional options for controlling the use of particular kinds of cookies, including advertising cookies. You may use our “advertising cookies” toggle in these settings to prohibit the collection and use of Personal Data in cookies for interest-based advertising.

Managing Preferences and Withdrawing Consent

You may at any time withdraw your consent with future effect and without affecting the lawfulness of processing of your Personal Data based on the consent you provided before you withdrew it, and exercise other controls regarding website and online data collection, interest-based advertising, your communication settings, and app preferences. Depending on the Service, collection and use of Personal Data may be required for the Services to work.

We provide you several ways to manage your preferences:

Cookie Use and Controls

Cookies serve a wide variety of purposes. Cookies are pieces of data stored in your web browser that are transmitted to websites to remember your browser over time and distinguish it from other users. Cookies are used to remember your shopping cart and personalize your web experience and for security, analytics, marketing, and interest-based advertising. Our cookies are placed and read by our web servers, while other cookies are placed and read by other companies’ web servers. You can block and control cookies using the information noted in this section. If you block all cookies, certain functionality on our website will not work.

One way to think about cookies is based on their function. The following settings will control our use of browser cookies, the use of IP address for tracking, and the collection and use of data for cookie-based, interest-based advertising.

[ IN ] Required Cookies. These strictly necessary cookies are used for core functionality, and recognize when you are signed in, remember things such as shopping carts and text entered, are necessary for security, and enforce your privacy preferences. Without these cookies, some functionality on our websites will fail. You can block these cookies in your browser preferences.
[ IN / OUT ] Functional Cookies. These cookies help to improve the sites by allowing us to understand how the site is used and how the site performs. These cookies include analytics and measurement.
[ IN / OUT ] Advertising Cookies. These cookies help us and other parties personalize ads that are shown to you on our sites and Services, as well as on other sites. If enabled, these cookies will allow third parties engaged in interest-based advertising on our site to recognize your browser software on other sites too.

IP Address Use

An IP address refers to an identifier assigned by a network to a computer, mobile device, Internet of Things (IoT) device, or routing device. IP addresses, for purposes of this Privacy Policy, include “public” IP addresses, such as the IP address for a home router that is visible to the Internet, as well as “local” IP addresses, which are IP addresses assigned to computers and mobile devices “behind” a router (such as a home router). Our advertising and analytics partners may use IP addresses to group or correlate devices for purposes of analytics, security and anti-fraud purposes, interest-based advertising, ad targeting, ad attribution, and limiting ad frequency.

You can choose not to have IP address used for purposes of advertising or analytics by using the cookie controls for “Advertising Cookies,” and “Performance/Analytics,” above.

Web Pixels or Beacons Use

Pixels are extremely small image files that, when loaded by your web browser, cause the browser to make a network request to the party corresponding to the pixel. If that party’s cookies are currently stored in your browser, those cookies will be transmitted with the request. Beacons can be used on web pages for advertising or to confirm the opening of a marketing email. When used in conjunction with cookies for interest-based-advertising, the cookie controls above can be used to control the purpose for which they are used.

HTML5 Local Storage

HTML5 Local Storage in the browser is different from cookies, but can be used for the same purpose (to pair a tracking ID to a particular web server with your web browser so that the web server can identify your web browser over time). You can control the purpose for which HTML5 Local Storage is used by using the cookie controls outlined above.

Flash Cookie Use

Flash cookies are “local shared objects” used by Flash player to store data, similar to cookies. Although Flash content is declining in use, we may still use Flash on our sites. If you have Flash installed, and wish to delete, block, or manage Flash cookies, please use the Flash settings panel made available by Adobe.

Social Network Interaction and Widgets

Social network widgets, buttons, and plug-ins on our websites passively transmit data regarding a social network’s members to that social network, even when a button is not clicked. These technologies may allow a social network (such as Facebook, Twitter or YouTube) to personally identify its members and to know the web pages its members have visited. This is true wherever social network buttons are embedded, regardless of whether a button is “clicked” or “pressed.” If you belong to a social network or use these categories of web services, you should review the privacy policies of those services to understand the nature of the data that they collect and what, if any, options the service offers to control how data is collected and used. If you disable advertising cookies, the passive tracking associated with these buttons will be blocked on our sites.

Mobile Device Advertising IDs, Location, Sensor Data, and In-Range Device Data Use

Our mobile apps and our Services may transmit Device IDs, Location Data, and data from sensors to us and our partners, including our advertising partners.

Device IDs include IDs associated with your mobile device carrier such as IMEI, MEID, IMSI; platform-specific IDs such as Android ID, Google AID, and Apple’s IDFA; and IDs that are part of your device hardware, such as WiFi MAC address, and serial number. Exactly which Device IDs are transmitted can depend on your mobile device platform and the version of your operating system.

Location Data. Our apps and Services transmit precise Location Data. Location Data may be obtained from GPS services, cell tower triangulation, or known location of nearby WiFi access points.

Sensor and In-Range Device Data. Our apps and Services may also collect Device IDs and network addresses (including IP addresses, MAC addresses, and SSIDs) from other, in-range or networked devices and WiFi Access Points. Our apps and Services may also collect information about altitude, air pressure, change in position.

How We Use Mobile Device Data. We may use Device IDs, coarse location and Location Data, and data from sensors, including the local network, (together with app usage data and Fitness and Wellness Data) for strictly necessary purposes; improving our apps and analytics; personalization and preferences; and cross-app, cross-device, interest-based advertising.

Other Ways to Manage Your Location Services

You can also turn off the transmission of precise Location Data by turning off those services using your mobile device’s built-in settings. Turning off location may cause some of our Services not to work.

Change Consent Settings for Communication Preferences

Consent for Email Communication: After signing up for email communications, you can choose to unsubscribe using the unsubscribe link in any commercial email we send. If you use more than one Service, then unsubscribing from the emails relating to that Service will not stop you from receiving emails from other Services. Please note that if you unsubscribe from “all emails” this means “all emails other than strictly necessary emails.” You will still receive email communications from us if they are strictly necessary to provide the NEBBIA service or to confirm or validate a transaction, recover accounts, etc.

Opt-In Mobile Text Messages: You can opt-in to receive promotional, marketing, and special offer text messages from NEBBIA. Text messages are auto-dialed and consent to text messages is not required for any purchase or service. You can opt-out of marketing by sending STOP to the number following the directions sent back to you when you sign up.

Mobile Push Notifications: You can manage the type of push notifications you receive from NEBBIA by modifying the settings within the NEBBIA Service. For more information on how to update your push notification settings for our Services please visit here. You may also set your mobile device settings to not allow push notifications from us.

Transfers of Your Personal Data to Other Countries

The Personal Data NEBBIA processes, and all associated Services and systems, including registration, is housed on servers in the United States and in the European Union. If you are located outside of the United States, please be aware that Personal Data we collect will be processed and stored in the United States and in the European Union (the data protection and privacy laws in the United States may offer a lower level of protections than in your country/region).

By using our Services and submitting your Personal Data, you agree to the transfer, storage, and/or processing of your Personal Data in the United States. Where and as required, we will seek your explicit consent as outlined in this Privacy Policy.

Data Retention

We will retain your Personal Data for as long as you maintain an account or as otherwise necessary to provide you the Services. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Where we no longer need to process your Personal Data for the purposes set out in this Privacy Policy, we will delete your Personal Data from our systems.

If you have questions about our data retention practices, please contact us through our Support Team.

Security

We implement appropriate technical and organizational safeguards to protect against unauthorized or unlawful processing of Personal Data and against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.

Links to Other Websites. Please note that this Privacy Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage. Our Services may provide a link or otherwise provide access to Third Party Sites. We provide these links merely for your convenience. We have no control over, do not review, and are not responsible for Third Party Sites, their content, or any goods or services available through the Third Party Sites. Our Privacy Policy does not apply to Third Party Sites, and any data you provide to Third Party Sites, you provide at your own risk. We encourage you to review the privacy policies of any Third Party Sites with that you interact with.

Children

We do not knowingly collect Personal Data online from children under 13 (note that the minimum age may vary based on location, and on local law). If you become aware that a child has provided us with Personal Data without parental consent, please contact us through our Support Team. If we become aware that a child under 13 has provided us with Personal Data without parental consent, we will take steps to remove the data and cancel the child’s account.

How to Contact Us

If you have any questions, comments, or concerns about how we handle your Personal Data, then you may contact us through our Support Team or write to us at: helpdesk@nebbia.biz

You can also go to our Location-Specific Disclosures to find a contact for the Data Protection Officer in your region, if applicable.

Location-Specific Disclosures

Residents of Argentina

You have the right to access your Personal Data, at intervals no shorter than six months entirely free of charge (unless there is proof of a legitimate interest in access in shorter periods, as established in Section 14, Sub-section 3 of Act No. 25,326).

We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to lodge a complaint to the Agency of Access to Public Information, in its function of controlling agency responsible for enforcing Act No. 25,326.

Residents of Australia

NEBBIA takes steps to keep your Personal Data accurate and up to date. If you reside in Australia, you may request access to or correction of the Personal Data that we have collected about you. To access your Personal Data, please contact us through our Support Team or at the address listed above. We may charge for this service and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

If you have any complaints regarding how we handle your Personal Data, please contact our Support Team or write to us at the address above with a detailed description of the complaint. NEBBIA responds to complaints as soon as practicable, and in any event, within the time limits prescribed by law.

Residents of Brazil

Legal Basis for Processing

While the Law no. 13,709/2018 (Brazilian General Data Protection Regulation – “LGPD”) is not yet in force, we will process your data based on consent, by accepting this Privacy Policy. When it comes into force, we will have other legal basis, such as the legitimate interest of the controller or third parties; for compliance with a legal or regulatory obligation by the data controller; for the execution of a contract; for regular exercise of rights in court, administrative or arbitration proceedings.

How to exercise your rights

NEBBIA takes steps to keep your Personal Data accurate and up to date. If you reside in Brazil, according to the LGPD, you have certain rights to the Personal Data that we have collected about you. To exercise your rights to your Personal Data, at any time, please contact us through our Support Team or at the address listed below. Your request will be fulfilled at no cost, and we will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

You have the following rights:

Right to confirmation of the existence of the Processing of Personal Data: You have the right to ask us for confirmation on whether we are processing your Personal Data.
Right of access to your Personal Data: You have the right to ask us access to the Personal Data and related information on that processing (e.g., the purposes of the processing, or the categories of Personal Data involved) subject to commercial and industrial secrecy.
Right to correction of incomplete, inaccurate or out-of-date data: You have the right to have your Personal Data corrected, as permitted by law.
Right to anonymization, blocking or deletion of unnecessary or excessive data or data processed unlawfully. The Anonymization refers to the use of reasonable and available technical means at the time of the processing, whereby the data loses the possibility of direct or indirect association with you.
Right to data portability: You have the right to receive the Personal Data that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible, except for the data that has already been anonymized by us.
Right to erasure: You have the right to ask us to delete your Personal Data, as permitted by law. This right may be exercised when you withdraw your consent on which processing is based. Note that we may retain a limited amount of data for a period of time – including, in situations that the storage of the information is authorized by law and or required by law.
Right to Information about public and private entities with which NEBBIA has shared data through communication, dissemination, international transfer, interconnection of personal data or shared processing of banks of personal data by them.
Right to Information about the possibility of denying consent and the consequences of such denial;
Right to withdraw consent: You have the right to withdraw your consent to our processing of your Personal Data, as permitted by law, and where the basis for processing was based on your consent.
Right to object: When the legal basis for processing your data is anything other than consent, you can object to the processing when it is not in compliance with the law.
Right to review automated processing decisions: You have the right to review decisions taken solely on the bases of automated processing of personal data that affects your interests. This includes decisions intended to define your personal, professional, consumer or credit profile.

Changes to this Privacy Policy

In order to enhance our Services it might be necessary to change this Privacy Policy from time to time. We therefore reserve the right to modify this Privacy Policy in accordance with the applicable data protection laws. Please visit our Website from time to time for information on updates to this Privacy Policy.

Residents of Chile

How We Disclose Personal Data

We may disclose your Personal Data for the purposes as described in the prior section of this Privacy Policy, in the Location-Specific Disclosures section, and in the following ways:

To Service Providers and Vendors.

With business partners, marketing partners, and vendors to provide, improve, and personalize the Services.

How to exercise your rights

You have the right to access, modify, object, or eliminate your Personal Data entirely free of charge as established in Article 12 of Law N°19.628 of Data Protection or further legal modifications.

To exercise any of the rights referred before, you may contact us through our Support Team.

Residents of Colombia

How to exercise your rights

NEBBIA takes steps to keep your Personal Data accurate and up to date. You have certain rights to the Personal Data that we have collected about you. To exercise your rights to your Personal Data, please contact us through our Support Team or at the address listed below. We will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

Right to access your Personal Data: You have the right to access, free of charge, your Personal Data being processed by us.
Right to know, update, and rectify your Personal Data: You have the right to correct your Personal Data, as permitted by law.
Right to request proof of your consent: You have the right to request proof of the consent granted to us for the processing of your Personal Data, where consent was required to process the information.
Right to withdraw your consent or to request the suppression of your Personal Data: You have the right to withdraw your consent or request that we suppress your Personal Data, as permitted by law.
Right to file complaints: You have the right to file complaints before the Superintendence of Industry and Trade for any kind of infringement to privacy laws.

Additional use of Personal Data

Additional use of your Personal Data that is not described in this Privacy Policy will only take place as required by statute or when we have obtained your prior, explicit and informed consent.

How to contact us or our Privacy office

If you have any questions, comments, or concerns about how we handle your Personal Data, then you may contact us through our Support Team.

Residents of the European Economic Area and the United Kingdom

If you elect not to provide personal data

You may choose not to provide NEBBIA with your Personal Data. However, if you choose not to provide your Personal Data, you may not be able to enjoy the full range of Services.

How to exercise your rights

NEBBIA takes steps to keep your Personal Data accurate and up to date. If you reside in the European Economic Area, you have certain rights to the Personal Data that we have collected about you. To exercise your rights to your Personal Data, please contact us through our Support Team or at the address listed below. Subject to applicable law and in exceptional circumstances only, we may charge for this service and we will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

You have the following rights:

Right of access to your Personal Data (Art. 15 GDPR): You have the right to ask us for confirmation on whether we are processing your Personal Data, and access to the Personal Data and related information on that processing (e.g., the purposes of the processing, or the categories of Personal Data involved).
Right to correction (Art. 16 GDPR): You have the right to have your Personal Data corrected, as permitted by law.
Right to erasure (Art. 17 GDPR): You have the right to ask us to delete your Personal Data, as permitted by law. This right may be exercised among other things: (i) when your Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed; (ii) when you withdraw consent on which processing is based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and where there is no other legal ground for processing; (iii) when you object to processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or when you object to the processing pursuant to Art. 21 (2) GDPR; or, (iv) when your Personal Data has been unlawfully processed.
Right to restriction of processing (Art. 18 GDPR): You have the right to request the limiting of our processing under limited circumstances, including: when the accuracy of your Personal Data is contested; when the processing is unlawful and you oppose the erasure of your Personal Data and request the restriction of the use of your Personal Data instead; or when you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of NEBBIA override your grounds.
Right to data portability (Art. 20 GDPR): You have the right to receive the Personal Data that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.
Right to object (Art. 21 GDPR): You have the right to object to our processing of your Personal Data, as permitted by law. This right is limited to processing based on Art. 6 (1) (e) or (f) GDPR, and includes profiling based on those provisions, and processing for direct marketing purposes. After which, we will no longer process your Personal Data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

How we may disclose your Personal Data

The GDPR and national laws of European Union member states implementing the Regulation permit the sharing of Personal Data relating to users who are residents of the European Economic Area with third parties only under certain circumstances. If you reside in the European Economic Area, we will only share your Personal Data as described in our Privacy Policy under the heading “How We Disclose Personal Data” if we are permitted to do so under applicable European and national data protection laws and regulations.

Transfers of Your Personal Data to Other Countries

The Personal Data NEBBIA processes, and all associated Services and systems, including registration, is housed on servers in the United States and in the European Union. If you are located outside of the United States, please be aware that Personal Data we collect will be processed and stored in the United States (the data protection and privacy laws in the United States may offer a lower level of protections than in your country/region).

In order to use our Services (in particular our connected fitness applications), we may require you to agree to the transfer, storage, and/or processing of your Personal Data in the United States. In other situations where Personal Data is transferred outside of the European Economic Area (the EEA), NEBBIA leverages other mechanisms for international data transfer including the European Commission-approved standard contractual clauses and consent. You have the right to request a copy of the applicable measure or further information by contacting us.

Under the Onward Transfer Principle, we may remain liable for the processing of European Personal Data that we transfer to our third party agents or service providers. [In some instances, we may also be required to disclose Personal Data to comply with valid requests from public authorities, including for national security or law enforcement purposes.]

Marketing communications

Where we are legally required to do so, we ask you for your prior consent before providing you with promotional materials or information. When required by local law, when marketing consent is obtained, we use the double-opt-in method (confirmation of your email address by email before sending you promotional messages) in order to verify your consent. You may revoke your consent at any time (this will not affect the processing of your Personal Data undertaken until the revocation). If you want to stop receiving promotional materials, etc., you can do so at any time as outlined in the Change Consent Settings for Communication Preferences section.

Additional use of Personal Data

Additional use of your Personal Data that is not described in this Privacy Policy will only take place as required by statute or when we have obtained your consent.

Legal Basis for Processing under the GDPR

In this section we provide information on the legal basis for our processing of your Personal Data as required by Art. 13 and 14 of the GDPR:

When you register for an account or interact with our Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
When you input Fitness and Wellness Data within our Services: For sensitive data (including health data and biometric data) as defined in the GDPR, we process such data on the basis of your prior consent, Art. 9(2)(a) GDPR.
When you use or interact with a wearable or other connected device.
- For sensitive data (including health data and biometric data) as defined in the GDPR, we process such data on the basis of your prior consent, Art. 9(2)(a) GDPR.
- For non-sensitive Personal Data which we need in order to perform the Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
- With regard to other non-sensitive Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to enhance our Services.
When we collect precise Location Data following your prior consent, we process such data on the basis of your prior consent, Art. 6(1)(a) GDPR. In other cases where we process your Location Data without consent, for example in order to provide our Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
When you communicate with us or sign up for promotional materials, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages. Where we are required under applicable local law to obtain your consent for sending you marketing information, the legal basis is your consent, Art. 6(1)(a) GDPR.
When you participate in special activities, offers, or programs.
- For non-sensitive Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages or to allow you to participate in our special activities, offers or programs.
When you engage with our online communities or advertising and we actively collect your Personal Data in this context, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages.
When you access third party products and services and we obtain Personal Data about you from such third party sources:
- For Personal Data that we need in order to perform the Services (e.g. if you pay for third party products through our Services), (e.g. if you pay for third party products through our Services), such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
- With regard to other Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to enhance your experience and to improve our Services.
When you connect with us through social media:
- Where we collect your consent in such case, for instance for marketing purposes, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.
- Where we do not collect your consent in such case, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is providing you with better Services and to enable you to use the full range of our Services (Art. 6 (1) (f) GDPR).
When we collect data from third parties or publicly-available sources:
- For Personal Data which we need in order to perform the Services (e.g. for email verification purposes), such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
- With regard to other Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is providing you with better Services and to enable you to use our Services more efficiently.
When we leverage and/or collect cookies, device IDs, Location Data, data from the environment, and other tracking technologies, we process such data on the basis of your consent, Art. 6 (1) (a) GDPR, and based on our legitimate interest, Art. 6 (1) (f) GDPR, where we do not obtain your consent and our legitimate interest is to provide you with better Services or marketing.
When we track you in Store, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest in enhancing your shopping experience as well as loss or crime prevention.
When we use coarse location and data from sensors, we process such data for strictly necessary purposes in order to perform our Services, Art. 6 (1) (b) GDPR); and for our legitimate interest in marketing and improving our Services, Art. 6 (1) (f) GDPR).
When we aggregate or centralize data, such processing is either necessary for the performance of our Services, Art. 6 (1) (b) GDPR, or we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with better or customized Services and marketing.
When you sign up for our services that consist of social sharing and communication with others (including linking you to friends across platforms:
- Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.
- Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
When we provide you geographically relevant Services, offers, or advertising:
- Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.
- Where we do not collect your consent in such case, for such data that we need in order to perform the Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
- Where we do not collect your consent in such case and where we do not need such data in order to perform the Services, we process such data for our legitimate interest in offering you marketing and improving our Services, Art. 6 (1) (f) GDPR).
When you ask us to customize apparel, products, or Services:
- Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.
- Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.
When we disclose Personal Data to our affiliates and partners, and to our service providers and vendors:
- Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR
- Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR, or we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with better Services and marketing.
When we process or share Personal Data in the event of an actual or contemplated sale, we process such data for our legitimate interest in offering, maintaining, providing, and improving our Services, Art. 6 (1) (f) GDPR).
When we conduct analytics, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to enhance your experience and to develop and improve our Services.
When we investigate suspected illegal or wrongful activity, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to ensure compliance with legal requirements and law enforcement requests and for public safety purposes.

Right to lodge a complaint before the Data Protection Authority

We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or the place of the alleged infringement. You have the right to do so if you consider that the processing of Personal Data relating to you infringes applicable data protection laws.

Changes to this Privacy Policy

How to contact us or our Privacy Office

In case of questions about the processing of your Personal Data please contact us.

NEBBIA USA, LLC. is the data controller for NEBBIA.

Residents of Hong Kong, SAR of China Read More

NEBBIA takes steps to keep your Personal Data accurate and up to date. If you reside in Hong Kong, you may request access to or correction of the Personal Data that we have collected about you. To access your Personal Data, please contact us through our Support Team or at the address listed above. We may charge for this service and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

Your consent for use or sharing of Personal Data for marketing purposes

You may choose not to provide NEBBIA with your Personal Data. However, if you choose not to provide your Personal Data, you may not be able to enjoy the full range of Services. NEBBIA may use your Personal Data to communicate with you about NEBBIA products or Services you have purchased or used and to notify you of other products, Promotions and Services we think may be of interest to you. We may also share Personal Data with our family of companies, Ad Partners, business partners, vendors and suppliers who are providing you with products and Services for their marketing purposes. You may provide your consent through the methods described in the next section.

How to indicate your consent and opt-out

You may indicate your consent in a number of ways, including: (i) ticking a box to indicate your consent when providing us with your Personal Data through our Services or a form (including enrolling in Promotions); or ticking a box to indicate your consent when registering with us or creating an account with us. You may opt-out from receiving marketing communications at any time, free of charge, through the methods described in the Managing Preferences and Withdrawing Consent section.

Residents of Indonesia, Malaysia, Philippines, Thailand and Singapore

Right of your Personal Data.

NEBBIA takes steps to keep your Personal Data accurate and up to date. If you reside in Indonesia, Malaysia, Philippines, Thailand or Singapore, you may request access to, and modification, opposition, and deletion of the Personal Data that we have collected about you. You may also withdraw your consent for us to continue collecting, using, disclosing and processing your Personal Data. However, if you do so, it may not be possible for us to fulfil the purposes for which we require the Personal Data, including processing your transactions or providing you with the products and/or services that you require.

To access your Personal Data, please contact us through our Support Team or at the applicable address listed below in section e. Subject to applicable law, we may charge for this service and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law. We may be permitted under applicable laws to refuse a request, for example, we may refuse (a) a request for erasure where the personal data is required for in connection with claims; or (b) an objection request and continue processing your personal data based on compelling legitimate grounds for the processing.

Transfer to Other Countries

The following provisions shall apply in place of the identically labelled provisions in the main privacy policy at:

Transfers of Your Personal Data to Other Countries

The Personal Data NEBBIA processes, and all associated Services and systems, including registration, is housed on servers in the United States. If you are located outside of the United States, please be aware that Personal Data we collect will be processed and stored in the United States. We will ensure that your Personal Data is protected in accordance with applicable data protection laws (including offering a comparable level of protection as those required by your country laws).

By using our Services and submitting your Personal Data, you agree and consent to the transfer, storage, and/or processing of your Personal Data in the United States and to other countries/regions. Where and as required, we will seek your explicit consent as outlined in this Privacy Policy

Other specific disclosures by locations

If you reside in the Philippines, you also have the following rights as a data subject:

Right to correct inaccuracies or errors in your personal data;
Right to suspend, withdraw or order the blocking, removal or destruction of your personal data;
Be indemnified for any damages due to the inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of your Personal Data; and
Right to data portability – where Personal Data is processed by electronic means and in a structured and commonly used format, you have the right to obtain from NEBBIA a copy of data undergoing processing in an electronic or structured format, which is commonly used and allows for further use.

Furthermore, the follow provisions shall apply in place of the identically labelled provisions in the main privacy policy at:

Automated Processing

We may use some automated processing to provide our Services and to make recommendations in the context of specific services. Prior to sharing or using such data for automated processing, we will first seek your consent.

If you reside in Indonesia, the following provisions shall apply in place of the identically labelled provisions in the main privacy policy at:

Transfer of Data.

We transfer data to the United States and to other countries/regions for processing. If you accept the terms and conditions set out in this Privacy Policy, you agree and consent to the transfer of your Personal Data to the United States and to other countries/regions for processing.

Children

We do not knowingly collect Personal Data online from persons under 18 (a child). If you become aware that a child has provided us with Personal Data without parental consent, please contact us through our Support Team. If we become aware that a child has provided us with Personal Data without parental consent, we will take steps to remove the data and cancel the child’s account.

If you reside in Singapore, you also have the following rights as a data subject:

Restriction: you may withdraw consent for our use of your personal data.
Portability: you may request the transfer of certain of your personal data to another party under certain conditions.

Data Privacy Officer/Personal Information Controller

If you have questions about our privacy policy or privacy practices, you may contact us through our Support Team.

Residents of Japan

Consent for use and/or sharing of Personal Data

If you reside in Japan, by using the Services you consent to the collection, use and transfer of your Personal Data with Dome Corporation and NEBBIA as outlined in this Privacy Policy. To obtain further information on the companies and affiliates within Dome Corporation, please visit http://www.domecorp.com/. Further, Personal Data collected will be shared as outlined in this Privacy Policy. Dome Corporation may also share your Personal Data with its affiliates as well as with partners, vendors, and suppliers with whom they have entered into a contractual relationship; and as required by law and special circumstances, if (i) it is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority.

You may choose not to provide Dome Corporation and NEBBIA with your Personal Data. However, if you choose not to provide your Personal Data, you may not be able to enjoy the full range of Services.

How to indicate your consent and opt-out

You may indicate your consent in a number of ways, including: (i) ticking a box to indicate your consent when providing Dome Corporation and/or NEBBIA with your Personal Data through the Services or a form (including enrolling in Promotions); (ii) or ticking a box to indicate your consent when registering with Dome Corporation or creating an account with NEBBIA. You may opt-out from receiving marketing communications at any time, free of charge, through the methods described in the Managing Preferences and Withdrawing Consent section.

Residents of Mexico

By using the services you consent to the collection, use and transfer of your Personal Data (including sensitive personal data pursuant to Mexican law) for processing in the United States as described in this policy.

Access requests

NEBBIA takes steps to keep your Personal Data accurate and up to date. If you reside in Mexico, you may request access to, modification, cancelation or opposition of the Personal Data that we have collected about you. To access your Personal Data, please contact us through our Support Team or at the address listed above. We may charge for this access service pursuant to applicable law and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

Residents of New Zealand

NEBBIA takes steps to keep your Personal Data accurate and up to date. If you reside in New Zealand, you may request access to or correction of the Personal Data that we have collected about you. To access your Personal Data, please contact us through our Support Team or at the address listed above. We may charge for this service and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

Residents of Turkey

Personal Data accuracy

NEBBIA takes steps to keep your Personal Data accurate and up to date. You are responsible for the accuracy of the information you have provided to NEBBIA, and you understand that doing so is important in terms of exercising your personal data rights under the Law on Protection of Personal Data no. 6698 and other applicable legislation. To update your Personal Data, please contact us through our Support Team.

Access requests

If you reside in Turkey, you may request access to, and modification, opposition and deletion of the Personal Data that we have collected about you. To access your Personal Data, please contact us through our Support Team. Subject to applicable law, we may charge for this service and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

Data retention and destruction

When you delete your account and/or when Personal Data is no longer needed to provide the Services or to comply with our legal obligations, resolve disputes, and enforce our agreements and/or the retention period under applicable law has expired, your Personal Data may be anonymized and continued to be used in that form.

Residents of the United Arab Emirates

If you reside in the United Arab Emirates, your use of the Services signifies your consent to the following:

You affirmatively waive your material privacy rights under applicable laws;
NEBBIA may disclose any information you provide us, including information you may consider private; and
NEBBIA is not liable for any publication of information you provide us, including information you may consider private.

Please do not use the Services if you disagree with any part of this Privacy Policy.

Residents of the United States

In addition to what’s outlined in this policy, when we collect data from third parties or publicly-available sources – we may also obtain information from third parties to send you our catalog via U.S. mail.

Residents of the United States have the right to ask us to delete your Personal Data, as permitted by law.

Residents of California – California Privacy Policy

This is applicable only to California residents. The categories of personal information we have collected, used and/or disclosed in the last 12 months and the business or commercial purposes for which such information was collected are set forth in the definition of Personal Data herein.

California Consumer Rights

Effective January 1, 2020, under the California Consumer Privacy Act (CCPA), California residents have the right to know what categories of personal information we generally collect, use, disclose, and/or sell about them within the past 12 months. California residents have the right to know where that information came from, the business or commercial purposes for the collection, and the categories of third parties with and/or to whom that information was shared and/or sold within the past 12 months. This Privacy Policy sets forth our policies and processes as it relates to the collection, use and disclosure of your personal information.

California residents also have the right to request access to that information on an individual level, and to remove their personal information in accordance with applicable laws. Consumers who have a visual disability may be able to use a screen reader or other text-to-speech or text-to-Braille tool to review this Privacy Policy.

Data Access Request

If you are a California resident and you would like to submit a request to exercise your right to know what personal information we have collected, used or disclosed to third parties in the 12 month period prior to your request, you can make a request by: (i) sending us a request by email to helpdesk@nebbia.biz, or (ii) sending us a request by mail to this address: HEADQUARTERS

NEBBIA USA LLC, 3500 S DUPONT HIGHWAY DOVER, DE 199 01. Please specify in your request the details you would like to know, including any specific pieces of personal information you would like to access.

Please note that your right to know can be exercised without you being discriminated against for exercising your privacy rights under the CCPA and free of charge. However, we may request a fee, for example if requests are unfounded, excessive, or have a repetitive character. We are not required to provide access to personal information more than twice in 12 months.

Data Deletion Request

If you are a California resident and you would like to exercise your personal data deletion rights, you can: (i) send us a request by email to helpdesk@nebbia.biz, or (ii) send us a request by mail to this address: HEADQUARTERS NEBBIA USA LLC, 3500 S DUPONT HIGHWAY DOVER, DE 199 01. Please note that your right to deletion can be exercised without you being discriminated against for exercising your privacy rights under the CCPA and free of charge. However, we may request a fee, for example if requests are unfounded, excessive, or have a repetitive character. We may not be able to comply with your request for deletion under certain circumstances, such as if we are legally obligated to keep record of your payment and/or transaction with us. We may decline to comply with your request for deletion in the following circumstances: (i) to perform our contract with you, (ii) to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for the activity, (iii) to debug to identify and repair errors that impair existing intended functionality, and/or (iv) to comply with our obligation to maintain records of consumer requests made pursuant to the CCPA.

Verification Process

To protect your privacy, we must first verify your identity before we can respond to and process your request for access to specific data or to delete data. We will request certain account information to verify your identity that may include any of the following: the email address associated with your account, your [insert any information used to verify information here], your date of birth, and/or your zip/postal code. You can access these at any time in your online account on our website. If you cannot provide us with such requested information, we may ask you to provide other account information to verify your identity.

Requests to opt out of selling of personal information, if applicable, will be honored in accordance with applicable laws.

We will make good faith efforts to provide you with access to your data when you request it, but there may be circumstances in which we may not provide access or delete data, as allowed by law. For example, we are not required to delete personal information needed to provide a service you asked us to provide, to detect fraudulent or illegal activity, required for bookkeeping or tax purposes (e.g., transaction data), or required for legal purposes. Also, we are not required to provide access to information that contains legal privilege, where your identity could not be verified, or where the information would compromise others’ privacy or other legitimate rights, like intellectual property rights. If we determine that your request for access or deletion should be denied or restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries.

Authorized Agent

If you wish to designate an authorized agent to make a request on your behalf, please inform us when you make your request. You can designate an authorized agent to make a request under the CCPA on your behalf if: (i) the authorized agent is a natural person or a business entity registered with the Secretary of State of California; and (ii) you sign a written declaration that you authorize the authorized agent to act on your behalf.

If you use an authorized agent to submit a request to exercise your right to know or your right to request deletion, please take the following steps:

Mail your written declaration authorizing the authorized agent to act on your behalf, certified by a California notary public, to this address: HEADQUARTERS NEBBIA USA LLC, 3500 S DUPONT HIGHWAY DOVER, DE 199 01; and

Provide any information we request as described above and/or in our response to verify your identity.

If you provide an authorized agent with power of attorney pursuant to Probate Code Sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.

Non-Member / Visitor

If you are a California consumer and a non-member/visitor of our services and you would like to exercise your right to know or your right to deletion: please note that we only collect, use, and disclose non-name identifying information. For this reason, we do not have a reasonable method by which we could verify your identity with certainty required under CCPA. Therefore, we may not be able to comply with your request.

The categories of personal information we collect about you, the categories of sources from which we collect the personal information, the business and commercial purposes for which we collect and disclose the personal information, and/or the categories of third parties with whom we share the personal information are set forth above.

Data Retention

If you are access our services, or if you use any portion of the services, your personal data will be stored for [insert time period], and/or your use of any portion of the services. However, we will erase your personal data in response to your request, provided that there is none of the following conditions: an obligation under the law to store that personal information, we are legally obligated to keep record of your personal information in compliance with the law, for legitimate use of data for avoiding fraud and for security purposes, to protect privacy of others, or when it would be extremely impractical. If your personal data is subject to a mandatory storage period, we will ensure that this personal information is isolated and stored until the expiration of the mandatory retention period. We may automatically delete your personal information, without notice, after ten years following termination of your most recent use of any portion of the services. We will also store any personal data which is required to demonstrate that we have lawfully complied with valid requests under the CCPA for the required period.

Additional Information

Any access or deletion requests that can be processed by us will be done so within 45 days from the date we receive your request unless we notify you that an extension is required. In case of an extended completion period, we will process your request within 90 days from the date of your original request. If we are unable to satisfactorily verify your identity, we will not be able to process your request. We will not discriminate against you if you choose to exercise any of your privacy rights under California law.

Disclosure of Personal Information, No Sale

If you are a California resident, and you would like to submit a request to exercise your right to know 1) what categories of personal information we have collected, 2) what specific pieces of personal information we have collected, 3) what categories of sources from which we have collected personal information, 4) the purposes for which we use the personal information, 5) the categories of third parties with whom we share the personal information, and 6) the categories of information that we may sell or disclose to third parties, in the 12 month period prior to your request, you can make a request by: (i) sending your request in an email to helpdesk@nebbia.biz, or (ii) mailing your request to this address: HEADQUARTERS NEBBIA USA LLC, 3500 S DUPONT HIGHWAY DOVER, DE 199 01.

Please note that we have not sold California residents’ personal information over the preceding 12 months and will not do so. Further, we have not and will not sell the personal information of minors, e.g., under 18 years of age, without affirmative authorization.

Right to Opt-Out of the Sale of Personal Information

California residents also have the right to request that we limit or stop the “selling” (a broad word used to also include some types of sharing) of their personal information under certain circumstances. [Insert following if correct: However, we do not engage in selling personal information.]

Categories of Personal Information, Collect, Use, and Disclose

A list of the categories of personal information we collect and have collected from California consumers within the past twelve months, the categories of sources from which that information is collected, the business or commercial purposes for which the information is collected, and the categories of third parties with whom we share personal information is found on our website. Note that these are categories of personal information as they are set forth under California law. We did not necessarily collect all specific pieces of personal information listed for any given person.

Other than the categories of third parties set forth in the above-referenced list, we do not disclose personal information to third parties for a business or commercial purpose.

Please note that this list also completely reflects the categories of personal information we have collected from California consumers, the categories of sources from which that information was collected, the business or commercial purposes for which the information was collected, and the categories of third parties with whom we shared personal information for the past twelve months.

For More Information or to Submit Questions

If you have any questions about this section or about exercising your rights described above, you can contact by mail at: helpdesk@nebbia.biz.

Residents of Nevada – Nevada Privacy Policy

In accordance with Nevada law, this is a notice to all consumers, as that term is defined in NRS 603A.310, that Company may obtain the following covered information, (a) A first and last name; (b) A home or other physical address which includes the name of a street and the name of a city or town; (c) An electronic mail address; (d) A telephone number; (e) An identifier that allows a specific person to be contacted either physically or online; (f) Any other information concerning a person collected from the person through the Internet website or online service of the operator and maintained by the operator in combination with an identifier in a form that makes the information personally identifiable.

Nebbia shall not sell, as that term is defined in NRS 603A.333, covered information to any third party.

Consumers may make a request to Nebbia at [Insert physical address and email address here] where consumers may submit a verified request through directing Nebbia not to make any sale of any covered information the operator has collected or will collect about the consumer.

This Notice is effective as of the date of entering into the terms and conditions and reviewing these Privacy Policies incorporated therein.

Residents of Virginia- Virginia Privacy Policy

Consumers may make a request to Nebbia at [Insert physical address and email address here] specifying the below-listed consumer rights the consumer wishes to invoke. A known child’s parent or legal guardian may invoke such consumer rights on behalf of the child regarding processing personal data belonging to the known child. Consumers and parents/legal guardians may request the following:

1. To confirm whether or not Nebbia is processing the consumer’s personal data and to access such personal data;

2. To correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data;

3. To delete personal data provided by or obtained about the consumer;

4. To obtain a copy of the consumer’s personal data that the consumer previously provided to Nebbia in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another Company without hindrance, where the processing is carried out by automated means; and

5. To opt out of the processing of the personal data for purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.

Information provided in response to a consumer request shall be provided by Nebbia free of charge, up to twice annually per consumer. If requests from a consumer are manifestly unfounded, excessive, or repetitive, Nebbia may charge the consumer a reasonable fee to cover the administrative costs of complying with the request or decline to act on the request.

If Nebbia is unable to authenticate the request using commercially reasonable efforts, Nebbia shall not be required to comply with a request to initiate an action and may request that the consumer provide additional information reasonably necessary to authenticate the consumer and the consumer’s request. A consumer may appeal this or any determination related to a consumer request by sending notice to [insert physical and email address here] and specifying the grounds for appeal, which must include all details of the request being appealed, verifiable information that the consumer or parent/legal guardian making the appeal has legal standing under the laws of the state of Virginia to make such an appeal, and permission for Nebbia to obtain further information to verify the information contained in the appeal request. Nebbia shall respond to such written appeals within a reasonable time not to exceed 60 days.

Nebbia shall not sell covered information, as defined by Virginia law, to any third party.