Nexia Wellness, LLC ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.nexiawellness.com/ (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
· On this Website.
· In email, text, and other electronic messages between you and this Website.
· Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website (collectively "Website”).
· When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
· Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
· Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Children Under the Age of 18
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at:
11501 Dublin Blvd. Suite 200
Dublin, CA 94569
California residents under 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see our California Privacy Rights for more information.
We collect several types of information from and about users of our Website, including information:
· By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information"). Such information includes the following subcategories:
o We may process "contact data” which may be used to get in touch with you. The contact data may include your name, your email address, telephone number, and/or postal address, and/or social media account identifiers. The source of the contact data is from you and when you voluntarily provide it to us at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. The source of contact data may be obtained from relevant social media account provider(s) if you log into our website using a social media account and we obtain elements.
o We may process "account data”. Account data may include an account identifier, name, email address, business name, account creation and modification dates, website settings and marketing preferences. The primary source of the account data is you, although some elements of the account data may be generated by our website. If you log into our website using a social media account, we will obtain elements of the account data from the relevant social media account provider.
o We may process "transaction data” which is information relating to transactions, including purchases of services or products, that you enter into with us and/or through our website. The transaction data may include your name, your contact details, your payment card details (or other payment details), info related to the fulfillment of your orders, and the transaction details. The source of the transaction data is you and/or our payment services provider and you may be required to provide financial information before placing an order through our Website.
o We may process "communication data” which is information contained in or relating to any communication that you send to us or that we send to you. The communication data may include the communication content, records and copies of correspondence (including email addresses) and metadata associated with the communication. Our Website will generate the metadata associated with communications made using the website contact forms.
o We may process "usage data” which is data about your use of our Website and services. The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system;
· That is about you but individually does not identify you;
· By which your personal health data may be identified ("health data”), such as data concerning your health, personal data related to your physical or mental health, including the provision of health care services, which reveal information about your health status. We do not collect medical history information, information such as medical records or detailed health reports and will only collect your contact information and information pertaining to the services or type of healthcare provider you desire; and/or
We collect this information:
· Directly from you when you provide it to us.
· Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
The information we collect on or through our Website may additionally include:
· Information we ask you when you report a problem with our Website.
· Information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
· Group-Sessions and/or Webinars: We provide the option and opportunity to participate in group sessions and/or healing circles and/or webinar and/or seminar ("Group-Sessions"). You agree that any information disclosed by another participant during one of these Group-Sessions is confidential and you will not disclose this information. You acknowledge and understand that if you disclose this information, you may incur legal action against you, including but not limited to, injunction, civil damages, court costs, and attorney fees. In addition, if you choose to disclose personal or private information about yourself, you understand that this information is not protected by HIPAA or any other federal, state, or local law and that you do so at your own risk. YOU UNDERSTAND AND CONSENT TO GROUP-SESSIONS BEING RECORDED. If you do not want to be recorded then you acknowledge and understand you may choose to either not participate in the Group-Sessions, or you may attend a Group-Session by listening only (and choosing to turn off audio and video features during Group-Sessions.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
· Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
· Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
· Estimate our audience size and usage patterns.
· Store information about your preferences, allowing us to customize our Website according to your individual interests.
· Speed up your searches.
· Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
· Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
Purposes of Processing and Legal Bases
We use information that we collect about you or that you provide to us, including any personal information and the legal bases for processing the personal information:
· To present our Website and its contents to you. The legal basis for this processing is our legitimate interests, namely the proper administration of our Website, services and business.
· To provide you with information, products, or services that you request from us, to process and fulfill orders, to generate invoices, bills or other payment related documentation, and for credit control. The legal basis for this processing is our legitimate interests, namely the proper administration of our Website, services and business, or for establishing a contract between you and us and/or taking the steps, at your request, to enter into such a contract.
· To match you with healthcare or service providers, process your health data by supplying your health data to healthcare or service providers, or by supplying healthcare or service provider’s contact information to you. We may also process transactional data or your contact data for purposes of providing you services to a healthcare or service provider. The legal basis for this processing is consent, for the provision of health or social care or treatment or the management of health or social care systems and services.
· To provide promotional material from third parties we may find useful. The legal basis for this processing is consent or our legitimate interests, namely promoting our business and communicating marketing messages and offer to our Website visitors and service users.
· To process contact data, account data, and/or transaction data for the purposes of creating, targeting and sending direct marketing communications by email or SMS and making contact by telephone for marketing-related purposes. The legal basis for this processing is consent or our legitimate interests, namely promoting our business and communicating marketing messages and offer to our Website visitors and service users.
· To fulfill any other purpose for which you provide it. The legal basis for this processing is consent.
· To provide you with notices about your account, including expiration and renewal notices. The legal basis for this processing is our legitimate interests, namely the proper administration of our Website, services and business, or for establishing a contract between you and us and/or taking the steps, at your request, to enter into such a contract.
· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. The legal basis for this processing is our legitimate interests, namely the proper administration of our Website, services and business, or for establishing a contract between you and us and/or taking the steps, at your request, to enter into such a contract.
· To notify you about changes to our Website or any products or services we offer or provide though it. The legal basis for this processing is consent or our legitimate interests, namely promoting our business and communicating marketing messages and offer to our Website visitors and service users.
· To allow you to participate in interactive features on our Website. The legal basis for this processing is our legitimate interests, namely the proper administration of our Website, services and business, or for establishing a contract between you and us and/or taking the steps, at your request, to enter into such a contract.
· To provide support services and complaint handling. The legal basis for this processing is our legitimate interests, namely communications with our Website visitors, service users, individual customers and customer personnel, the maintenance of relationships, and the proper administration of our Website, services and business.
· To process account data for the purposes of publishing such data on our Website and elsewhere through our services in accordance with your express instructions. The legal basis for this processing is consent, or our legitimate interest, namely the publication of content in the ordinary course of our operations or the performance of a contract between you and us and/or taking steps, at your request to enter into such a contract.
· To process usage data and transact data for the purposes of researching and analyzing the use of our Website and services, as well as researching and analyzing other interactions with our business. The legal basis for this processing is our legitimate interest, namely, monitoring supporting, improving, and securing our Website, services, and business generally.
· For the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this notice.
· For the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our Website, services, and business, and the protection of others.
· For legal claims, or where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out of court proceeding. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
· In any other way we may describe when you provide the information.
· For any other purpose with your consent.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
· To our Service Providers, subsidiaries, Partners and affiliates.
· To contractors, Service Providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
· To our hosting service providers where information and data will be stored on servers. Hosting service providers are identified at: https://aws.amazon.com/privacy
· To our payment service providers. We will share transaction data only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at: https://stripe.com/privacy
· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Nexia Wellness, LLC's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Nexia Wellness, LLC about our Website users is among the assets transferred.
· For any other purpose disclosed by us when you provide the information.
· With your consent.
We may also disclose your personal information:
· To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
· To enforce or apply our Terms and Conditions and other agreements, including for billing and collection purposes.
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
California residents may have additional personal information rights and choices. Please see our California Privacy Rights for more information.
California's "shine the Light" law (Civil Code Section § 1798.83) permits users of our Website and App (if any) that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or write us at: 11501 Dublin Blvd. Suite 200, Dublin, California 94569.
Notice to Users Outside the United States
International Transfers of Your Personal Data
We may provide information about the circumstances in which your personal data may be transferred to a third country under UK and/or EU data protection law:
· We may transfer your personal data to and from the United States of America ("USA”) and/or European Economic Area ("EEA”) and/or the UK and process that personal data in the USA for the purposes set out in this notice, and may permit our suppliers and subcontractors to do so, during any period with respect to which the UK is not treated as a third country under EU data protection law or benefits from an adequacy decision under EU data protection law.
· The hosting facilities for our Website are situated in USA. The competent data protection authorities have made an adequacy determination with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the competent data protection authorities.
· You acknowledge that personal data that you submit for publication through our Website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
The European Union implemented the General Data Protection Regulation ("GDPR”) for residents and data collected or processed in the EU. The UK implemented (or plans to implement) data protection laws similar to that of GDPR after its separation from the EU that applies and protects UK residents and data collected or processed in the UK (collectively referred to in this Agreement as "GDPR”).
Retention Policies. Our retention policies and procedures for residents and data processed in the EU and UK include:
· Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
· We will retain your personal data as follows:
o Contact data will be retained for a minimum period of 3 working days following the date of closure of the relevant account, and for a maximum period of 7 working days following that date;
o Transaction data will be retained indefinitely following the date of the transaction
o Communication data will be retained for a minimum period of 3 working days following the date of the communication in question; and for a maximum period of 7 working days following that date; and
o Usage data will be retained indefinite following the date of collection.
· Notwithstanding the other provisions of this clause, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
GDPR Rights. Your principal rights under GDPR as a resident or whose data is processed in the EU or UK are:
o The right to access. You can ask for copies of your personal data.
o The right to rectification. You can ask us to rectify inaccurate personal data and to complete incomplete personal data.
o The right to erasure. You can ask us to erase your personal data.
o The right to restrict processing. You can ask us to restrict the processing of your personal data.
o The right to object to processing. You can object to the processing of your personal data.
o The right to data portability. You can ask that we transfer your personal data to another organization or to you.
o The right to complain to a supervisory authority. You can complain about our processing of your personal data.
o The right to withdraw consent. To the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.
· These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting: https://edpb.europa.eu/our-work-tools/general-guidance/gdpr-guidelines-recommendations-best-practices_en and https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
· You may exercise any of your rights in relation to your personal data by written notice to us, using the contact details set out below.
11501 Dublin Blvd. Suite 200
Dublin, CA 94569