This Policy describes how Nextcell Medical ("Nextcell") collects, uses, and shares your personal information. Throughout this Policy, we refer to our website(s), applications, product offerings, software, and services collectively as the "Services." WHEN YOU USE OUR SERVICES, YOU AGREE THAT WE MAY USE AND DISCLOSE YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS POLICY. If you do not consent to these terms, you should not use the Services or otherwise provide us with any personally identifiable information (as defined below).
This Policy does not describe the practices of any other party that may have access to your personal information. To the extent that we provide your personal information to our agents or service providers, we take what we believe to be commercially reasonable steps to ensure that they safeguard the confidentiality of such information and use it only for the intended purposes. However, we are not responsible for the practices employed by any third party website that we may link to, nor for the information or content contained therein. We encourage you to review the privacy statements of such other websites to understand their information practices and terms of service.
The Services are operated and conducted solely in accordance with the applicable laws of the United States. If you reside outside of the United States and provide Nextcell with any information described in Section 2 of this Policy, you consent to the use by Nextcell of such information in the United States, in accordance with the Policy. If you are not a U.S. resident, please note that the data protection standards in the United States may not be as stringent as the standards in your home country. By using the Site and by allowing Nextcell to collect your personal information, you acknowledge that you are aware of this fact.
Who We Are
Nextcell owns and operates the Services and is the company that collects the personal information described in this policy. You can contact Nextcell at (412) 661-1323 or at firstname.lastname@example.org.
Comments, suggestions or materials sent or transmitted to Nextcell shall be deemed to be non-confidential and not subject to any restrictions. Nextcell shall have no obligation of any kind with respect to such comments, suggestions or materials and shall be free to use and distribute them to others without limitation, including, but not limited to developing and marketing products incorporating or based on them.
Information We Collect
Nextcell collects and analyzes information obtained from or about users of the Services. This information includes, but is not limited to the following:
Personally Identifiable Information
By using the Services, you may provide personally identifiable information to Nextcell. "Personally identifiable information" is information that would allow someone to identify or contact you or your computing device, which may include, for example, your name, address, telephone number, email address, payment or identity verification information, gender, age, Internet Protocol ("IP") address, and date of birth.
User Profile and Usage Behavior Information
Nextcell may collect and store information related to your user profile and usage behavior in order to operate the Services and enable you to have a personalized experience with the Services. Such information may include, without limitation, your user name, password, password reminder questions and answers, interests, communication preferences, and any correspondence that you send to Nextcell. Further, as you use the Services, we may collect information about you through the use of "cookies" or similar information-gathering tools. Cookies are small data files that identify you when you use our Services. The information that we may collect with cookies and similar tools includes standard information from your web browser and/or mobile device (such as unique mobile device identifier, browser type, browser version, and browser language), your IP address, and the actions you take, such as the webpages you view and the links or advertisements you click.
Aggregate or Demographic Information
Nextcell may collect and analyze aggregate data assembled from information collected via the Services. Aggregate information is collected in order to better understand the demographics and usage patterns of all users of the Services, so that Nextcell can provide the highest level of service to its customers. Such aggregate data generally is not personally identifiable or linked to a specific user.
Nextcell servers may automatically collect certain technical information about your use of the Services, including, without limitation, your browser type, your operating system, unique identifiers, mobile device identification numbers, your bandwidth speed, and information collected through cookies, web beacons, and other technologies. This may also include collecting and logging IP addresses. Nextcell may collect IP addresses for system administration, security and statistical analysis. An IP address is a number that is assigned to a computer whenever it is communicating over the Internet. Nextcell and its internet service provider may log these IP addresses and analyze them to understand where requests originate.
As you browse the Site, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with the Site. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number. You can visit http://www.networkadvertising.org/choices/ page to opt out of AdRoll and their partners' targeted advertising.
The Site has partnered with http://www.authorize.net, a payment gateway, to accept credit cards and electronic check payments safely and securely for our customers. The Authorize.Net Payment Gateway manages the complex routing of sensitive customer information through the electronic check and credit card processing networks. Please refer to an online payments diagram at http://www.authorize.net/resources/howitworksdiagram to see how it works.
Authorize.Net adheres to payment processing industry information security standards, including:
- 128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions.
- Encryption hardware and software methods and security protocols to protect customer information.
- Compliance with the Payment Card Industry Data Security Standard (PCI DSS).
The Site is registered with the Authorize.Net Verified Merchant Seal program.
How We May Use and Disclose Your Personal Information
Nextcell may use your personal information in order to provide the Services, to deliver advertising content to you, and otherwise for our everyday business purposes. For example, we may use personally identifiable information in order to maintain a record of customer contacts. In some cases, we may use your personal information in order to personalize email communications or customize the Services. As discussed in more detail below, we also may disclose your personal information to third parties in order to provide the Services and for other reasons.
Subject to applicable law, other reasons that we may use and disclose your personal information include, but are not limited to:
- to create de-identified, anonymized, aggregated or similar non-personally identifiable data, which we may use for any lawful business purpose;
- to engage in routine business uses that an ordinary and reasonable person should expect in the context of the Services that we provide, the reasons for which we collect personal information, and/or the ways that similar businesses ordinarily operate, including, for example, uses and disclosures:
- to third parties who help us (e.g., service providers, information technology providers, mailing and other business process providers, outsourcing providers, analytic data service providers, etc.) to operate and improve our business;
- for security, anti-fraud, authentication and verification purposes;
- to respond to questions or requests or to contact you for lawful purposes, including for surveys;
- to vendors and their service providers who reasonably need the personal information to do their jobs, which may include helping us to analyze how the Services are used, diagnose service or technical problems, customize content or deliver personal communications, and/or protect the security or integrity of the Services;
- to our co-branded business partners with whom we may jointly provide services to you, but who may treat your personal information differently than would Nextcell;
- to verify your identity, authority, or other characteristics or information;
- to respond to or participate in commercial disputes (e.g., lawsuits or investigations);
- to persons appearing to have a lawful interest in the personal information (e.g., to an insurance company processing an insurance claim involving you);
- to comply with applicable law;
- in connection with a merger or other business combination or separation (including, but not limited to, a voluntary or involuntary change in our business or structure, reorganization, sale of all or part of our stock or assets, spinoff, bankruptcy, or dissolution);
- to respond to legal process or regulatory authorities (such as subpoenas, warrants, investigative demands from law enforcement, regulators or others, national or international security letters or demands, etc.), or in order to investigate, prevent, or take action regarding suspected or actual illegal activities;
- to protect against fraud, claims, or other liability or harm to you, us, or others;
- to exercise or perform a legal, ethical, contractual or other right or obligation, including enforcing an agreement you or a client made; or
- for such lawful purposes as may be disclosed or evident at the time that you provide personal information to us (e.g., when you provide personal information in response to a survey, to sign up for an event, or to register for a newsletter).
Cookies and Other Tracking Technologies
From time-to-time, Nextcell may engage third parties to track and analyze non-personally identifiable usage and volume statistical information from individuals who visit our websites. These third parties may place material on the Services, such as banner ads, that allow the third party's servers to place cookies in your web browser. Please note that Nextcell can only access cookies that Nextcell sets on your browser, not the cookies sent to you by other companies. Nextcell also may use other third-party cookies to track the performance of our own advertisements. The information provided to third parties by means of these third party cookies does not include personal information, but this information may be re-associated with personal information after the Company receives it.
In addition to cookies, Nextcell also may use standard Internet technology, such as web beacons and similar technologies, to track your use of the Services. Web beacons (sometimes called transparent GIFs, clear GIFs, or web bugs) are small strings of code that provide a way for Nextcell to deliver a small (usually invisible) graphic image on a web page or in an email. Web beacons can recognize certain types of information on your computer such as cookies, the time and date a page is viewed, and a description of the page where the web beacon is placed. Nextcell may use web beacons to improve your experience with the Services, including to provide you with content customized to your interests and to understand whether users read email messages and click on links contained within those messages so that the Services can deliver relevant content. The web beacons of Nextcell may collect some contact information (for example, the email address associated with an email message that contains a web beacon). The Services also may include third-party web beacons so that these third parties may receive auditing, research, and reporting information about advertisements viewed on the Services.
We generally may use and disclose information collected through cookies, web beacons, and similar tracking technologies in order to provide the Services and for purposes of Site functionality (e.g., to remember your login information), but we generally reserve the right to use and disclose personal information obtained through these means for any lawful purpose.
California Disclosure. CA Bus. & Prof. Code § 22575 requires us to disclose how our Site responds to Web browser "do not track" signals and/or other mechanisms that seek to provide consumers with the ability to control the collection of their personal information through online tracking technologies for certain purposes, such as targeted or behavioral advertising.
Certain mobile devices contain unique identifiers that can be used, for example, to identify the physical location of such devices. Mobile devices also typically transmit caller ID data when used to transmit a telephone call or text message. The Services may collect, use, transmit, process and maintain unique identifiers, caller ID data, location-based data, and similar information when you rely on mobile devices, including to provide the services you request and improve your experience with the Services. The Services also may require collection of your mobile phone number in order for you to participate in certain services or features and that number may be associated with such information.
When you first launch any of our mobile applications, you may be asked to consent to the application's collection of location information. If you consent, information regarding your location may be transmitted to us and/or to third parties in order to provide Services to you. In some circumstances, we may not be able to provide our Services without this location information, which means that you may not be able to use our Services if you do not provide your consent.
If you initially consent to our collection of location information and change your mind, you can revoke your consent by changing the preferences on your mobile device. You also may stop our collection of location information by following the standard uninstall process to remove all Nextcell applications from your device.
We use what we believe to be commercially reasonable measures to protect your personal information from loss, misuse, or unauthorized access, disclosure, alteration or destruction. Nevertheless, please be advised that no security measure, system, or control is infallible. WE ACCORDINGLY DO NOT GUARANTEE THE SECURITY OR CONFIDENTIALITY OF PERSONAL INFORMATION AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, DUTIES OR CONDITIONS IN THAT REGARD. If any applicable law imposes on us a duty with respect to these matters that cannot be disclaimed, you acknowledge and agree that our commercially reasonable precautions shall be considered to be satisfy that duty unless (and only unless) we have engaged in willful misconduct.
Please also note that you have a role in the security of your personal information. For example, you should not provide us with personal information that we do not request, you are responsible for controlling access to any personal computing device through which your personal information may be stored or accessed, and you are responsible for safeguarding any passwords or other log-in credentials to may be used to access to your personal information.
Nextcell intends for the personally identifiable information that it collects to be reliable, accurate, complete, and current. If we discover that corrections are necessary with respect to any such information, we will update our records.
You may update or correct your account information at any time by logging in to the Services and providing us with updated information. You can review and correct other personal information by contacting us as described in Section 1. We will honor requests submitted through other means if required by law or if we determine in our sole discretion to do so.
Requests to access, change, or delete your information generally will be handled within 30 days, but we reserve the right to deny your request, subject to applicable law. For example, we may deny a request to access personal information where the burden or expense of providing access would be disproportionate to the risks to your privacy, or where such access would compromise the rights of other persons.
We may respond to a request to access personal information by supplying a copy of or access to the relevant personal information within a reasonable time. As a general matter, this means that we will respond in no less time than is needed by us or our service providers to retrieve that information from our systems or records in the ordinary course of business.
We also may keep a record of changes or deletions and use or disclose that record for lawful purposes. If you ask us to delete personal information, the information may be immediately deleted. However, if technical constraints prevent us from easily doing so, we instead may take reasonable measures to prevent internal or external access to such information until it is deleted from our systems or records (such as by being overwritten).
Subject to any legal right that you may have to require us to delete your personal information (e.g., if you terminate your account), we may keep personal information for as long as necessary for our business and legal needs, and we reserve the right to retain it to the fullest extent required or permitted by law. Note, however, that you should retain your own records, because we also may delete personal information in our discretion at any time, subject to applicable law.
We do not charge for responding to requests to access, change, or delete personal information. If we have a duty to require third parties to delete or cease using personal information, we may satisfy that duty by sending them notice to do so without further action on our part (except as expressly required by law).
Privacy Protections for Minors
No part of the Services is designed or directed to minors. To use or provide personally identifiable information through the Services you must be at least eighteen (18) years of age. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from a person under age 18, we will delete that information promptly. If you believe that we might have any information from or about a person under the age of 18, please contact us as described in Section 1.
We may provide notifications to you that are required by law or that are for marketing or other business-related purposes. Subject to applicable law, we may provide such notifications to you via email, hard copy, or through conspicuous posting on our websites or the software on your mobile device. We reserve the right to determine the form and means of providing notifications to you.
You may manage your receipt of marketing and other non-transactional communications by emailing us at email@example.com or by clicking on the "unsubscribe" link located on the bottom of our marketing emails. You cannot opt out of receiving transactional emails related to your account with Nextcell or the Services.
Changes and Updates
From time to time we may change our business activities and/or our policies and procedures with respect to the use and disclosure of personal information. You agree that, subject to applicable law, we may revise, supplement, or replace this Policy from time to time. We will post notifications of revised versions of this Policy on our website(s) and/or in our software, as applicable, at least thirty calendar days before the changes take effect. When the Policy changes, we will post the substitute version and change the effective date listed at the beginning of the Policy. To the extent not prohibited by law, any amendment or update to this Policy will apply to Personal information that we already have collected and to any personal information that we may subsequently obtain.
When required by applicable law, however, we may provide you with greater advance notice of any changes to this Policy and/or with an opportunity to object to such changes. If you exercise your right to object, the changes will not become effective with respect to your information, but your ability to use our Services may be terminated or impaired. We will explicitly notify you of the consequences of objection or non-objection to the extent and in the manner required by law.
We encourage you to review this Policy whenever you use our Services in order to stay informed about our information practices.
Last updated: March 4, 2014