Privacy Policy

Policies & Procedures

Last Updated: [December-2021]

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII or ‘Personal Information,’ as described in applicable privacy laws and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website, or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, place an order or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

To quickly process your transactions.

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

  • Help remember and process the items in the shopping cart.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

Most Browsers will automatically accept cookies on the users behalf, but you are able to modify settings for your browsers to disable or reject cookies. It is possible that by disabling cookies from your browser, certain features, Services, or options on our site might not work as designed. You can learn more about cookies at www.allaboutcookies.org

  • Cookie settings in Google Chrome
  • Cookie settings in Firefox
  • Cookie settings in Internet Explorer
  • Cookie settings in Safari web and iOS.

Using Privacy Plug-ins or Browsers. You can block websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers. 

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.

Third-party links

We do not include or offer third-party products or services on our website.

Advertising with Google

Company may deliver advertising using the Google Marketing Platform and/or Google Ads. You can read about how Google uses cookies, use Google’s controls for blocking certain ads, or use Google’s Ad Settings page to control how Google and DoubleClick personalize your ad experience.

Advertising with Facebook

Company works with Facebook who collects information on our Website through the use of cookies and similar methods in order to serve you with relevant advertisements on other services or to determine that you have seen advertisements on other services. You can learn more about Facebook Ads here: About Facebook Ads and Facebook Privacy Policy. You may also control the ad settings of your personal profile here: Personal Ad Settings  

Interest-based Advertising

Company works with third parties who collect information on our Website, Services, and elsewhere through the use of cookies and similar methods in order to serve you with relevant advertisements on other services or to determine that you have seen advertisements on other services. This method of advertising is sometimes called “interest-based advertising.”

To learn more about Interest-Based Advertising and your choices with respect to it, and to opt-out of advertising programs that track your activities across multiple websites to deliver personalized advertising content to you, please view the following resources for further detail:

  • You can opt-out via the Network Advertising Initiative opt-out at www.optout.networkadvertising.org
  • You can opt-out via the Digital Advertising Alliance (DAA)’s YourAdChoice opt-out at https://optout.aboutads.info/
  • You can opt-out via the Consumer Choice Page at www.aboutads.info
  • For those in Canada, you can opt out via the DAA of Canada Opt-out Page: https://youradchoices.ca/
  • For those in Europe, you can opt-out via the IAB Europe’s industry opt-out at www.youronlinechoices.eu
  • You can opt-out of the sale of data via Privacy Rights https://www.privacyrights.info/

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law requires any person or company that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

  • On our Privacy Policy Page

Can change your personal information:

  • By emailing us
  • By calling us
  • By logging in to your account
  • By submitting a request with our contact form

How does our site handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?

It’s also important to note that we allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify you via email

  • Within 7 business days

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act 

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions
  • Process orders and to send information and updates pertaining to orders.
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:

  • Not use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

Individuals Located in the Europe

Legal Basis for Processing Information

If you are located in the European Union or Switzerland, we rely on several legal bases to process your Personally Identifiable Information. These legal bases include where:

  • The processing is necessary to perform our contractual obligations, such as to provide you with our services;
  • You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time-to-time);
  • The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims;
  • The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing, and developing our services, marketing new features or products that may be of interest, and promoting safety and security as described above.

If you have any questions about, or would like further information concerning, the legal basis on which we collect and use your Personally Identifiable Information, please contact us by emailing legal@nivati.com.

Data Retention

If you use our services, we will retain your Personally Identifiable Information as long as we are providing services to you. If you have consented to receive marketing or other communications from us, we will retain your Personally Identifiable Information as long as we have your consent to send you such marketing and other communications. We retain Personally Identifiable Information after we cease providing services to you for the purpose of fraud monitoring, detection and prevention. We also retain Personally Identifiable Information to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the information by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

Rights Under the General Data Protection Regulation

If you are located in the European Union or Switzerland, you have the following rights in respect of your Personally Identifiable Information we hold:

  • Right of access. The right to obtain access to your Personally Identifiable Information.
  • Right to rectification. The right to obtain rectification of your Personally Identifiable Information without undue delay where that Personally Identifiable Information is inaccurate or incomplete
  • Right to erasure. The right to obtain the erasure of your Personally Identifiable Information without undue delay in certain circumstances, such as where the Personally Identifiable Information is no longer necessary in relation to the purposes for which it was collected or processed.
  • Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personally Identifiable Information in certain circumstances, such as where the accuracy of the Personally Identifiable Information is consented by you, for a period enabling us to verify the accuracy of that Personally Identifiable Information.
  • Right to portability. The right to portability allows you to move, copy, or transfer Personally Identifiable Information easily from one organization to another.
  • Right to object. You have a right to object to processing based on legitimate interests and direct marketing.

If you wish to exercise one of these rights, please email us at legal@nivati.com. You also have the right to lodge a complaint to your local data protection authority. For more information about how to contact your local data protection authority, please visit http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Obligations to Data Protection Authorities (DPAs)

We will respond diligently and appropriately to requests from DPAs about this Policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of Personally Identifiable Information, we will: (a) cooperate with inquiries from the DPA responsible for the entity exporting the data; and (b) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.

International Transfers

Information collected by our services may be stored and processed in any country in which we or our affiliates, suppliers, third-party electronic payment processors and/or financial institutions or agents maintain facilities. By using our services, you expressly consent to any transfer of information outside of your country (including to third countries that may not have been assessed as having adequate privacy laws). Nevertheless, we take steps to ensure that our agents, affiliates and suppliers comply with our standards of privacy regardless of their location.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

Nivati

10808 S. River Front Parkway

South Jordan, Utah 84095

United States

info@nivati.com

800.556.2950