1. INTRODUCTION AND OVERVIEW
This Privacy Policy (“Policy”) is provided by Nelexa, Inc., a corporation with offices in Dallas, Texas and New York, New York, United States of America. (hereinafter referred to as “Nelexa,” “Company,” “we,” “us,” or “our”).
This Policy describes in comprehensive detail the types of information we may collect from you or that you may provide when you visit our website at nelexa.net (the “Website”), use our mobile applications, utilize our computing services, managed services, advanced DDoS protection services, or any other products or services offered by Nelexa, Inc. (collectively, the “Services”), and our practices for collecting, using, maintaining, protecting, disclosing, retaining, and processing that information.
This Policy applies to information we collect or receive:
- Through our Website and Services;
- Through email, text, and other electronic communications between you and Nelexa;
- Through mobile and desktop applications you download, which provide dedicated non-browser-based interaction;
- When you interact with our advertising and applications on third-party websites and services;
- Through any other means associated with or relating to our Services.
PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOU SHOULD NOT USE OUR SERVICES. YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF CHANGES TO THIS POLICY WILL BE DEEMED YOUR ACCEPTANCE OF THOSE CHANGES.
2. DEFINITIONS
For the purposes of this Privacy Policy, the following definitions shall apply:
“Aggregate Information” means information about groups or categories of customers or users, which does not identify and cannot reasonably be used to identify an individual customer or user.
“Anonymous Information” means information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual customer or user.
“Applicable Law” means all applicable laws, statutes, regulations, directives, orders, and codes of practice or conduct, including, but not limited to, the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), the General Data Protection Regulation (GDPR), the UK Data Protection Act 2018, the Children’s Online Privacy Protection Act (COPPA), Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), and other data protection and privacy laws in jurisdictions where Nelexa, Inc. operates or provides Services.
“Business Purpose” means the use of Personal Information for the Company’s operational purposes, or other notified purposes, provided that the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or processed or for another operational purpose that is compatible with the context in which the Personal Information was collected.
“Cookies” are small files placed on the hard drive of your computer or mobile device that enable the website or application you are using to recognize you and to store certain information about you.
“Data Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Information.
“Data Processor” means a natural or legal person, public authority, agency or other body which processes Personal Information on behalf of the Data Controller.
“Data Subject” means an identified or identifiable natural person to whom the Personal Information relates.
“Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device, including but not limited to: name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
“Processing” means any operation or set of operations which is performed on Personal Information or on sets of Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Sensitive Personal Information” means Personal Information that reveals a consumer’s social security, driver’s license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, or union membership; the contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication; genetic data; biometric information processed for the purpose of uniquely identifying a consumer; information concerning health; information concerning sex life or sexual orientation.
“Service Provider” means a natural or legal person, public authority, agency, or other body that processes Personal Information on behalf of the Company pursuant to a written contract, including without limitation cloud service providers, payment processors, and analytics providers.
3. INFORMATION WE COLLECT AND HOW WE COLLECT IT
Nelexa, Inc. collects several types of information from and about users of our Services, including:
3.1 Categories of Personal Information
We may collect, use, store, and transfer different kinds of Personal Information about you, including but not limited to:
a. Identifiers and Contact Data.
- First and last name
- Business name
- Billing and delivery address
- Email address
- Telephone numbers
- Account credentials
- IP address and other online identifiers
- Any other identifier by which you may be contacted online or offline
c. Commercial Information.
- Records of products or services purchased, obtained, or considered
- Records of other purchasing or consuming histories or tendencies
- Billing and payment information
- Financial account information
- Credit card information (stored in accordance with PCI-DSS requirements)
- Payment history
- Transaction records
d. Technical Data.
- Internet Protocol (IP) address
- Browser type and version
- Operating system and platform
- Device type
- Connection information
- ISP information
- Time zone setting
- Location data
e. Usage Data.
- Time, date, and duration of your use of our Services
- Pages viewed and features used
- Search queries
- Access times and dates
- Traffic data
- Logs, and other communication data
- Information about interactions with our Website and Services
- Information about how you use our Website and Services
- Error reports and performance data
- Clickstream to, through, and from our Website
f. Profile Data.
- Username and password
- Purchases or orders
- User preferences
- User settings
- Feedback and survey responses
g. Marketing and Communications Data.
- Preferences in receiving marketing from us
- Communication preferences
- Subscription history
- Interaction with marketing materials
h. Customer Support Data.
- Records of customer support inquiries
- Records of reported issues
- Support ticket information
- Communications regarding support issues
i. Sensitive Personal Information. We generally do not collect Sensitive Personal Information unless required for specific services or functionalities. When we do collect Sensitive Personal Information, we will:
- Inform you about the specific Sensitive Personal Information being collected
- Obtain explicit consent where required by law
- Implement additional security measures to protect such information
3.2 Methods of Collection
We collect Personal Information through various methods, including:
a. Direct Collection. Information that you provide directly to us when:
- Registering for an account
- Subscribing to our Services
- Requesting information or customer support
- Filling out forms on our Website
- Posting material to our Website
- Requesting further services
- Reporting problems with our Services
- Corresponding with us by phone, email, or otherwise
- Completing surveys or questionnaires
- Participating in promotions or contests
b. Automated Collection. Information collected automatically through:
- Cookies, web beacons, and similar technologies
- Server logs and other automatic data collection technologies
- Analytics tools and services
- Our own systems as you use the Services
- Technical systems monitoring service usage and performance
c. Third-Party Sources. Information we may receive from third-party sources, including:
- Business partners
- Subcontractors in technical, payment, and delivery services
- Advertising networks
- Analytics providers
- Search information providers
- Credit reference agencies
- Data brokers or aggregators
- Public databases
- Social media platforms
3.3 Information Collected Through Automatic Data Collection Technologies
As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
a. Details of your visits to our Website and Services, including:
- Traffic data
- Location data
- Logs
- Referring/exit pages
- Date and time of visits
- Pages viewed
- Time spent on pages
- Click path
- Other communication data and resources that you access and use on the Website
b. Information about your device and internet connection, including:
- Device type
- Operating system
- Browser type
- IP address
- Device identifiers
c. Cookies and Similar Technologies. The technologies we use for automatic data collection may include:
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Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer or mobile device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
-
Flash Cookies. Certain features of our Website may use locally 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.
-
Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).
3.4 Third-Party Data Collection
We may allow third parties to use cookies or other tracking technologies to collect information about you when you use our Services. 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.
Such third parties may include:
- Service providers who perform functions on our behalf
- Business partners with whom we offer co-branded services or products
- Advertising networks
- Analytics providers
- Social media platforms
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about targeted content, you should contact the responsible provider directly.
4. LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION
We will only collect and process your Personal Information where we have a legal basis to do so. The legal bases depend on the Services you use and how you use them. Our legal bases for processing your Personal Information include:
4.1 Performance of a Contract
Processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract, including:
- Providing you with the Services that you request
- Creating and maintaining your account
- Processing payments and billing
- Providing customer support
- Communicating with you about your account or the Services
4.2 Legitimate Interests
Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of Personal Information. Our legitimate interests include:
- Improving and personalizing our Services
- Ensuring the security and integrity of our Services
- Preventing fraud and unauthorized use
- Internal administrative purposes
- Analytics and research to improve our business operations
- Marketing our products and services to existing customers
- Network and information security
4.3 Compliance with Legal Obligations
Processing is necessary for compliance with a legal obligation to which we are subject, including:
- Complying with applicable laws, regulations, and codes of practice
- Responding to requests from governmental or regulatory authorities
- Complying with subpoenas, court orders, or legal process
- Establishing, exercising, or defending legal claims
4.4 Consent
You have given consent to the processing of your Personal Information for one or more specific purposes, including:
- Sending marketing communications where required by law
- Collecting and processing Sensitive Personal Information
- Setting non-essential cookies on your device
- Sharing your information with third parties where consent is required
You have the right to withdraw your consent at any time by contacting us using the information provided in the “Contact Us” section of this Policy.
5. HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any Personal Information:
5.1 General Business Operations and Service Provision
- To present our Website and Services and their contents to you
- To provide you with information, products, or services that you request from us
- To fulfill any other purpose for which you provide it
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
- To maintain and administer your account
- To process and complete transactions
- To send administrative communications related to your account or the Services
- To provide customer support and respond to inquiries
- To address and resolve technical issues
5.2 Service Improvement and Development
- To analyze usage patterns and trends
- To conduct research and development
- To improve our Website and Services
- To develop new products, services, features, and functionality
- To compile statistical and analytical information about user interactions with our Services
- To monitor and analyze the effectiveness of our Services
- To measure the performance of our Services
5.3 Security and Fraud Prevention
- To protect the security and integrity of our Services
- To detect and prevent fraudulent activities, security breaches, and other potentially prohibited or illegal activities
- To identify and address technical issues
- To debug to identify and repair errors
- To verify identity and authenticate users
- To monitor for and prevent security incidents
- To investigate violations of our Terms of Service or other policies
5.4 Communication and Marketing
- To notify you about changes to our Website or any products or services we offer or provide
- To communicate with you about your account or transactions
- To provide you with notices and alerts
- To send you technical notices, updates, security alerts, and support messages
- To respond to your comments, questions, and customer service requests
- To deliver targeted marketing, service updates, and promotional offers based on your communication preferences
- To measure the effectiveness of marketing campaigns
- To administer surveys, contests, promotions, or other site features
5.5 Legal and Compliance Purposes
- To comply with applicable laws, regulations, and legal processes
- To respond to lawful requests and legal process, including to respond to law enforcement requests
- To protect our rights and property, and the rights, property, and safety of our users or others
- To enforce our agreements, policies, and Terms of Service
- To establish, exercise, or defend legal claims
- To prevent harm to the rights, property, or safety of Nelexa, our users, or the public as required or permitted by law
5.6 Business Transfers and Transactions
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our users is among the assets transferred
5.7 Additional Processing Based on Consent
- Any other purpose with your consent or at your direction
6. DISCLOSURE OF YOUR INFORMATION
We may disclose Personal Information that we collect or you provide as described in this Policy:
6.1 Service Providers and Business Partners
We may disclose your Personal Information to contractors, service providers, and other third parties who perform services on our behalf or who help us operate our business and require access to such information to do that work. Categories of service providers include:
- Cloud service providers who provide hosting, storage, and other infrastructure services
- Payment processors who process payments and billing on our behalf
- Analytics providers who help us understand the use of our Services
- Customer service providers who provide support and assistance
- Marketing and advertising providers who help us market our Services
- Security providers who help us prevent and detect fraud and abuse
- Technology providers who help us maintain and improve our Services
- Professional service providers, such as auditors, lawyers, consultants, accountants, and insurers
All service providers are contractually obligated to use the Personal Information we share with them only for the purposes for which we disclose it to them and to provide reasonable security measures to protect such information.
6.2 Corporate Affiliates
We will not share your information with corporate affiliates for purposes consistent with this Privacy Policy without express consent.
6.3 Business Transfers
If we or our subsidiaries are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be transferred to a successor or affiliate as part of that transaction. We will require any such successor or affiliate to honor this Privacy Policy.
6.4 Legal Obligations and Rights
We may 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 of Service and other agreements, including for billing and collection purposes
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Nelexa, our customers, or others
6.5 With Your Consent
We may disclose your Personal Information to any other third party with your prior consent.
6.6 Aggregated or De-identified Information
We may share aggregated, non-personally identifiable, or de-identified information with third parties for research, marketing, analytics, and other purposes, provided such information does not identify a particular individual.
7. DATA SECURITY
We have implemented reasonable and appropriate technical, administrative, and physical safeguards designed to protect the Personal Information we maintain from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. These measures include:
- Encryption of sensitive information in transit and at rest
- Firewalls and intrusion detection systems
- Access controls and authentication procedures
- Regular security assessments and penetration testing
- Continuous monitoring of our systems for suspicious activities
- Regular backup procedures
- Physical security measures at our facilities
- Employee training on privacy and security practices
- Vendor risk management and contractual safeguards
- Incident response planning and testing
However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. The safety and security of your information also depends on you. You are responsible for maintaining the confidentiality of any password and account information, and for controlling access to your email communications from us.
In the event of a data breach that affects your Personal Information, we will act in accordance with all applicable breach notification laws, which may include providing you with notification of such breach via email, mail, or telephone if we believe there is a reasonable risk of harm or if notification is otherwise required by law.
8. DATA RETENTION
We will retain your Personal Information only for as long as is necessary for the purposes set out in this Policy, including for the purposes of satisfying any legal, accounting, tax, or reporting requirements.
To determine the appropriate retention period for Personal Information, we consider:
- The amount, nature, and sensitivity of the Personal Information
- The potential risk of harm from unauthorized use or disclosure of your Personal Information
- The purposes for which we process your Personal Information and whether we can achieve those purposes through other means
- The applicable legal, regulatory, tax, accounting, or other requirements
- Our legitimate business interests
- The expectations and requirements of our customers
In some circumstances, we may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
We maintain specific retention schedules for different types of Personal Information. Generally, we retain Personal Information as follows:
- Account information: For the duration of your account plus [1] years
- Transaction information: For [2] years from the date of the transaction
- Communication information: For [2] years from the date of the communication
- Customer support information: For [2] years from resolution of the inquiry
- Marketing information: For [1] years from the last interaction
- Usage information: For [1] years from collection
9. YOUR RIGHTS AND CHOICES
Depending on your jurisdiction, you may have certain rights with respect to your Personal Information. These may include:
9.1 Rights for All Users
a. Access and Portability. You have the right to request information about the Personal Information we hold about you and to receive a copy of your Personal Information in a structured, commonly used, and machine-readable format.
b. Correction. You have the right to correct inaccurate or incomplete Personal Information concerning you.
c. Withdrawal of Consent. Where we rely on your consent to process your Personal Information, you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
d. Marketing Choices. You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided in the “Contact Us” section below.
e. Cookie Preferences. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
9.2 Additional Rights for Residents of Certain Jurisdictions
Depending on your place of residence, you may have additional rights under applicable data protection laws, such as:
a. For Residents of California:
- Right to Know/Access: You have the right to request information about the categories and specific pieces of Personal Information we have collected about you, the categories of sources from which we collected the Personal Information, the purposes for collecting the Personal Information, the categories of third parties with whom we share Personal Information, and the categories of Personal Information that we have disclosed.
- Right to Delete: You have the right to request that we delete Personal Information about you that we have collected from you, subject to certain exceptions.
- Right to Correct: You have the right to request that we correct inaccurate Personal Information that we maintain about you.
- Right to Opt-Out of Sales or Sharing: You have the right to opt-out of the “sale” or “sharing” of your Personal Information as those terms are defined under California law.
- Right to Limit Use and Disclosure of Sensitive Personal Information: You have the right to limit our use and disclosure of Sensitive Personal Information to certain business purposes.
- Right to Non-Discrimination: You have the right not to be discriminated against for exercising your privacy rights.
b. For Residents of the European Economic Area (EEA), United Kingdom, or Switzerland:
- Right to Erasure (Right to be Forgotten): You have the right to request the deletion of your Personal Information in certain circumstances.
- Right to Restriction of Processing: You have the right to request that we restrict the processing of your Personal Information under certain conditions.
- Right to Object to Processing: You have the right to object to our processing of your Personal Information based on legitimate interests or direct marketing.
- Right Not to be Subject to Automated Decision-Making: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects concerning you.
- Right to Lodge a Complaint: You have the right to lodge a complaint with a supervisory authority.
c. For Residents of Canada:
- You have the right to withdraw your consent to the collection, use, or disclosure of your Personal Information, subject to certain exceptions.
- You have the right to access your Personal Information, challenge its accuracy and completeness, and have it amended as appropriate.
9.3 Exercising Your Rights
To exercise any of the rights described above, please submit a request to us by:
- Emailing us at privacy [@] nelexa.net
- Calling us at +1 (602) 209-6009
- Visiting nelexa.net
- Writing to us at Dallas, TX and New York, NY USA.
Before fulfilling your request, we may require specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it.
We will respond to all legitimate requests within the timeframes required by applicable law. Occasionally it may take us longer than the time period required by applicable law if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
9.4 Authorized Agents
You may authorize an agent to submit a request on your behalf. If you use an authorized agent to submit a request, we may require proof that the agent has been authorized by you, or that the agent has power of attorney in accordance with applicable law.
10. DO NOT TRACK SIGNALS
Some web browsers have “Do Not Track” or “DNT” features that allow you to tell a website not to track you. These features are not all uniform, and we do not currently respond to DNT signals. For more information about DNT signals, please visit allaboutdnt.com.
11. THIRD-PARTY WEBSITES AND SERVICES
Our Website and Services may contain links to third-party websites, applications, and services. We have no control over the privacy practices or the content of these websites, applications, and services. We encourage you to read the privacy policies of each website you visit. This Privacy Policy applies solely to information collected by us.
12. INTERNATIONAL DATA TRANSFERS
Nelexa, Inc. is based in the United States. When you access or use our Services, your information may be transferred to, stored, and processed in the United States and other countries where our service providers maintain facilities. These countries may not have the same data protection laws as the country in which you initially provided the information.
12.1 Data Transfers from the EEA, UK, or Switzerland
For transfers of Personal Information from the EEA, UK, or Switzerland to countries not deemed to provide an adequate level of data protection, we rely on one or more of the following legal mechanisms: Standard Contractual Clauses, derogations for specific situations as set forth in Article 49 of the GDPR, and your explicit consent.
12.2 Safeguards for International Transfers
When we transfer Personal Information outside of the EEA, UK, or Switzerland, we implement appropriate safeguards, including:
- Entering into Standard Contractual Clauses approved by the European Commission, UK authorities, or Swiss Federal Data Protection and Information Commissioner with the recipient
- Implementing additional technical and organizational measures to protect your Personal Information
- Conducting transfer impact assessments
- Obtaining your explicit consent, in limited circumstances
12.3 Data Protection Impact Assessments
Prior to transferring Personal Information to a third country, we assess the impact of the proposed transfer to ensure that appropriate safeguards are in place to protect your Personal Information.
13. CHANGES TO OUR PRIVACY POLICY
We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy, we will notify you by:
- Posting the updated Privacy Policy on our Website
- Sending an email to the email address associated with your account
- Displaying a prominent notice on our Website
- Any other method required by applicable law
The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.
Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
14. CHILDREN’S PRIVACY
Our Services are not intended for children under 16 years of age, and we do not knowingly collect Personal Information from children under 16. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us using the information provided in the “Contact Us” section below.
15. CONTACT INFORMATION
To ask questions or comment about this Privacy Policy and our privacy practices, please contact our Data Protection Officer or Privacy Team at:
Nelexa, Inc.
Attn: Privacy Team
14853 N 100th Pl
Dallas, TX / New York, NY
United States of America
Email: [privacy@nelexa.net]
Phone: +1 (602) 209-6009
Website: nelexa.net
15.1 For Residents of the European Economic Area
If you are located in the European Economic Area, our EU representative can be contacted at:
Nelexa, Inc.
Attn: Privacy Team
14853 N 100th Pl
Dallas, TX / New York, NY
United States of America
Email: [privacy@nelexa.net]
Phone: +1 (602) 209-6009
Website: nelexa.net
15.2 For Residents of the United Kingdom
If you are located in the United Kingdom, our UK representative can be contacted at:
Nelexa, Inc.
Attn: Privacy Team
14853 N 100th Pl
Dallas, TX / New York, NY
United States of America
Email: [privacy@nelexa.net]
Phone: +1 (602) 209-6009
Website: nelexa.net
16. DISPUTE RESOLUTION
Any dispute, controversy, or claim arising out of or relating to this Privacy Policy, including the validity, invalidity, breach, or termination thereof, shall be resolved as follows:
16.1 Informal Resolution
We encourage you to contact us first to try to resolve any dispute. Please contact us using the information provided in the “Contact Us” section above.
16.2 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NELEXA, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
16.3 Small Claims Court
Notwithstanding the foregoing, either you or Nelexa, Inc. may bring an individual action in small claims court in Dallas County, Texas, provided that such action is within the jurisdiction of that court.
17. GOVERNING LAW
This Privacy Policy shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to this Privacy Policy or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Dallas and County of Dallas, and you hereby consent to the personal jurisdiction of such courts. HOWEVER, IF YOU ARE A CONSUMER AND YOU LIVE IN A COUNTRY WHERE NELEXA, INC. MARKETS OR DISTRIBUTES SERVICES, THE LAWS OF YOUR COUNTRY MAY REQUIRE THAT THE LAWS OF THAT COUNTRY APPLY TO YOUR RELATIONSHIP WITH US, INCLUDING THIS PRIVACY POLICY, AND CERTAIN DISPUTES MUST BE RESOLVED IN YOUR LOCAL COURTS. NOTHING IN THIS SECTION IS INTENDED TO LIMIT THOSE RIGHTS TO THE EXTENT THEY CANNOT BE WAIVED UNDER THE LAWS OF YOUR JURISDICTION.
18. SEVERABILITY
If any provision of this Privacy Policy is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
19. WAIVER
No waiver of any term of this Privacy Policy shall be deemed a further or continuing waiver of such term or a waiver of any other term, and our failure to assert any right or provision under this Privacy Policy shall not constitute a waiver of such right or provision.
20. ENTIRE AGREEMENT
This Privacy Policy, together with any other privacy notices or terms provided by us, constitutes the sole and entire agreement between you and Nelexa, Inc. regarding the collection, use, and processing of your Personal Information and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
21. CALIFORNIA RESIDENTS: ADDITIONAL PRIVACY RIGHTS
If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. This section describes your rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) and explains how to exercise those rights.
21.1 Notice of Collection and Use of Personal Information
In the preceding twelve (12) months, we have collected the following categories of Personal Information:
| Category | Examples | Collected |
|---|---|---|
| A. Identifiers | Name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name | YES |
| B. Personal information categories listed in the California Customer Records statute | Name, address, telephone number, credit card number, debit card number, bank account number, financial information | YES |
| C. Protected classification characteristics under California or federal law | Age, race, citizenship, marital status, medical condition, physical or mental disability, sex (including gender) | NO |
| D. Commercial information | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies | YES |
| E. Biometric information | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier; fingerprints, faceprints, voiceprints, iris or retina scans | NO |
| F. Internet or other electronic network activity information | Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement | NO |
| G. Geolocation data | Physical location or movements | NO |
| H. Sensory data | Audio, electronic, visual, thermal, olfactory, or similar information | NO |
| I. Professional or employment-related information | Current or past job history or performance evaluations | NO |
| J. Non-public education information | Education records directly related to a student maintained by an educational institution | NO |
| K. Inferences drawn from other personal information | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes | NO |
| L. Sensitive personal information | Social security number, driver’s license, government-issued passport | YES |
We use the Personal Information we collect for the business and commercial purposes described in Section 5 of this Privacy Policy.
21.2 Disclosure of Personal Information for a Business Purpose
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose to the following categories of third parties:
| Category of Personal Information | Categories of Third Parties |
|---|---|
| Identifiers | Service providers, payment processors |
| California Customer Records personal information categories | Service providers, payment processors |
| Commercial information | Service providers, payment processors |
| Internet or other similar network activity | Service providers, data analytics providers, payment processors |
| Geolocation data | Service providers, payment processors |
| Professional or employment-related information | N/A |
| Inferences | N/A |
21.3 Sales or Sharing of Personal Information
We do not sell or share (as defined under the CCPA/CPRA) Personal Information to third parties for monetary or other valuable consideration. We do not sell or share the Personal Information of minors under 16 years of age.
21.4 Your Rights and Choices Under California Law
As a California resident, you have the following rights:
a. Right to Know. You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months.
b. Right to Delete. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions.
c. Right to Correct. You have the right to request that we correct inaccurate Personal Information that we maintain about you.
d. Right to Opt-Out. If we engage in sales or sharing of Personal Information, you have the right to opt-out of such sales or sharing.
e. Right to Limit Use and Disclosure of Sensitive Personal Information. You have the right to limit our use and disclosure of your Sensitive Personal Information to that which is necessary to perform the services or provide the goods reasonably expected by an average consumer.
f. Non-Discrimination. We will not discriminate against you for exercising any of your CCPA/CPRA rights.
21.5 Exercising Your California Privacy Rights
To exercise the rights described above, please submit a verifiable consumer request to us by:
- Emailing us at [privacy@nelexa.net.com]
- Calling our number at +1 (602) 209-6009
- Visiting nelexa.net
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We will respond to verifiable requests within 45 days. If we require additional time, we will inform you of the reason and extension period. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
21.6 Your California Privacy Rights Under California’s Shine the Light Law
California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Website that are California residents and who provide Personal Information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared your Personal Information with for the immediately prior calendar year (e.g., requests made in 2024 will receive information regarding 2023 sharing activities).
To make such a request, please contact us using the information in the “Contact Us” section of this Policy.
22. NEVADA RESIDENTS: YOUR PRIVACY RIGHTS
If you are a Nevada resident, Nevada law (SB 220) provides you with the right to opt-out of the sale of certain Personal Information to third parties. This right applies even if your Personal Information is not currently being sold. If you are a Nevada resident and would like to make such a request, please submit your request through the contact information provided in the “Contact Us” section of this Policy.
23. NOTICE TO EUROPEAN USERS
This section applies to individuals in the European Economic Area, the United Kingdom, and Switzerland (collectively, “Europe”).
23.1 Data Controller
Nelexa, Inc. is the data controller of your Personal Information covered by this Privacy Policy for purposes of European data protection legislation (including the EU General Data Protection Regulation and the UK Data Protection Act 2018).
Our EU representative can be contacted at:
Nelexa, Inc.
Attn: Privacy Team
14853 N 100th Pl
Dallas, TX / New York, NY
United States of America
Email: [privacy@nelexa.net]
Phone: +1 (602) 209-6009
Website: nelexa.net
Our UK representative can be contacted at:
Nelexa, Inc.
Attn: Privacy Team
14853 N 100th Pl
Dallas, TX / New York, NY
United States of America
Email: [privacy@nelexa.net]
Phone: +1 (602) 209-6009
Website: nelexa.net
23.2 Legal Bases for Processing
We only process your Personal Information when we have a valid legal basis to do so. Our legal bases for processing your Personal Information are described in Section 4 of this Privacy Policy.
23.3 Data Protection Rights
In addition to the rights described elsewhere in this Policy, you have the following data protection rights:
- You can request access to the Personal Information we hold about you.
- You can request that we rectify, update, or delete inaccurate Personal Information.
- You can object to our processing of your Personal Information, ask us to restrict processing of your Personal Information, or request portability of your Personal Information.
- You can choose not to provide certain information, but then you might not be able to take advantage of some of our features.
- You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority.
To exercise any of these rights, please contact us using the information in the “Contact Us” section of this Policy.
24. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS PRIVACY POLICY AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES.