Read our Privacy Policy below to learn more about your rights and responsibilities as a Nicklpass user.
This privacy policy (this “Policy”) describes how Nic.kl Inc., a Delaware corporation (the “Company”) collects, uses, maintains, protects, and shares your personal information when using this website, www.nicklpass.com, other Company websites, applications, and browser extensions (collectively, the “Site”). This Policy also applies to any additional ways we collect or you submit information to us, including emails, texts, or other electronic messages between you and the Company.
We get information about you in a range of ways.
We collect your 1) name, 2) date of birth, 3) postal address, 4) email address, 5) phone number, 6) username, 7) password, 8) financial information and transactional records, if you transact business with the Company, 9) records and copies of correspondence, if you contact us, and 10) any other information you directly give us on the Site.
We automatically log information about you and your device. For example, when visiting the Site, we log your device’s operating system type, browser type, browser language, the website you visited before browsing to the Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on the Site. Unless disabled, we also automatically collect your location data while using the Site.
We may log information using “Cookies”. Cookies are small data files stored on your device by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your device until you delete them) to provide you with a more personal and interactive experience on the Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.
Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies in conjunction with other tracking technologies to collect information about you when you use the Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We may share personal information as follows:
We may use your anonymized personal information to build additional products and services, for which we may be financially compensated.
We use your personal information as follows:
We may use your anonymized personal information to build additional products and services, for which we may be financially compensated.
Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.
You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.
For EU residents, we will send marketing and informational materials only to those individuals who have affirmatively indicated they want to receive marketing and informational materials by providing their contact information and/or selecting the appropriate boxes to confirm an election to receive the marketing or informational materials.
We retain your personal information that we receive from you as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purposes for which it was collected, provide our products and services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
We welcome your comments or questions about this privacy policy. You may also contact us at info@nicklpass.com
We may change this privacy policy. If we make any changes, we will 1) post the changes to this page, 2) post a notice that the privacy policy has been updated on the Site’s homepage, and 3) change the Last Updated date above. In the event we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Site and this Policy to check for any changes. Your continued use of the Site after we make changes is deemed to be acceptance of those changes.
DATA TRANSFERS. All personal information sent or collected via or by us may be stored anywhere in the world, including but not limited to, in the United States, in the cloud, our servers, the servers of our affiliates or the servers of our service providers. Your personal information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to us, you consent to the storage of your personal information in these locations.
For EU residents subject to the GDPR, you have certain rights relating to your personal information, subject to local data protection laws. These rights may include:
We may use your anonymized personal information to build additional products and services, for which we may be financially compensated.
We will respond to your request within thirty (30) days of receipt. The period of response may be extended to forty-five (45) or sixty (60) days if more time is required. In that event, we will inform you of the reason and extension period in writing.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.
If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. To learn more about your California privacy rights, visit the California Privacy Notice.
a. Arbitration.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
The location of the arbitration shall be the City of San Francisco, California. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the Services or these Terms must be filed within one (1) year after such cause of action arose or be forever banned.
b. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void.
a. Modification. The Services and their integration with Third-Party Services are subject to change. We reserve the right, in our sole discretion, to change, suspend, or discontinue the Services or any part thereof (including without limitation, the availability of any feature, database, content or integration) at any time, without liability to you. We may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability.
b. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflicts of law provisions thereof.
c. Entire Agreement and Severability. These Terms and your Order Form (if any) are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
d. Force Majeure. We shall not be liable for any delay in performing, or failure to perform, our obligations hereunder where such failure results from an act of war, hostility, or sabotage, natural disaster, act of God, epidemic, pandemic, mechanical, electrical, internet, or telecommunication outage, failure or degradation, government restrictions (including the denial or cancelation of any export, import or other license), or other cause beyond our reasonable control.
e. Assignment. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
f. Independent Contractor Relationship. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
g. Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when delivery is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Notices may be sent to you at the email address that you associate with your Account or via at the email address or physical address specified in your Order Form (if applicable). Electronic notices to Company should be sent to info@nicklpass.com.
h. No Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver by us of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
i. Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
j. Contact. You may contact us at info@nicklpass.com
