Effective Date: May 8, 2018
Nixon and its affiliate companies (collectively, “Nixon”, “Our”, “We”, and “Us”) care deeply about Our customers (“You” or “Your”), including Your concerns over the protection and use of Your personal information and purchasing data (together “Data”). As such, it is important that We convey in clear and concise terms the Data we collect, and ways in which We handle Your Data.
Set forth below is Nixon’s Privacy Notice (hereafter “Policy”) that applies to specific Data collected and used by Nixon (and certain third-party partners) through such things as Your use of Our “smart” wearable devices, interactions with Nixon in Our retail stores or at Our events, over social media, telephone, e-mail or text , and/or on nixon.com and other Nixon websites that display or link directly to this Policy (collectively “Sites”). This Policy describes such things as the types of Data we collect, how we collect it, how we use it and retain it (and for how long), and who we share it with. By visiting Our Sites or sharing with Us information as described above, You agree to the terms described in this Policy. If You do not wish to agree to the terms of this Policy, please do not use any Sites or provide Us with Your Data. Alternatively, You may at any time opt-out of certain Data collection as detailed in Section 6 below.
Please note that Our Sites may contain links to other third-party websites. Our Policy does not apply to the practices of other websites and Nixon is not responsible for the actions and privacy policies of third-parties. We encourage You to read the privacy policies of each website that You visit.
If You have questions about this Policy, We encourage You to contact Us, and specifically our Data Protection Officer, using the contact information at the bottom of this Policy.
What types of data do we collect?
Nixon may collect Data in a variety of ways, such as when You provide it to Us: (a) through Our Sites or social media channels, (b) in Our retail stores, (c) via telephone, e-mail or text message; (e) at Our events; (f) by signing up to receive the Nixon Newsletter; or (g) through the use of Our “smart” wearable devices. The types of personal information we may collect through these means include:
- Your name, date of birth, billing and shipping addresses, e-mail addresses, and telephone numbers.
- Your username and password used on Our Sites
- The content of any e-mail messages, text messages, or posts on social media sent by You to Us, together with any resulting correspondence with You (for additional information on this please see Section 8 below).
- Your customer service information, such as repair history, inquiries and comments.
- Your purchase and transaction history with Us.
Signing Up as Member on Nixon Sites.
If You sign up as a Nixon.com (or other related Site) member, and You expressly opt-in to receive personalized communications by email, We will use Your personal information to create a user profile. In this context, We may combine the information You give Us online with other information from Nixon sources, transactions and communications collected or processed by Nixon or its third-party partners. This may include Data from the Nixon Sites, store locations, or Nixon licensee affiliate sites. Once You become a Nixon.com member, the personal information actively submitted by You will be registered in the central Nixon database in the United States. If You publicly post about Nixon, or communicate directly with Nixon, on a social media website, We may collect and process the Data contained in such posts or in Your public profile for the purpose of addressing any customer services requests You may have and to monitor public opinion about Nixon.
How do we collect data?
Voluntary Submission By Nixon’s Customers
As explained above, Your Data (both personal and anonymous) is collected by Nixon in a variety of ways, such as when You voluntarily provide it to Us. As described immediately below, Nixon also collects Data through the use of “Cookies” when You visit Our Sites, such as nixon.com.
How can I disable cookies?
Cookies and citizens of the EU
Types of Cookies Used By Nixon:
- Session cookies
These cookies are temporary and expire once You leave the Site. Examples of Session cookies’ functions are to identify a specific language/locale, initially based on the geography, but then by user choice, and to enable You to browse Our Sites and use their features (e.g., add items to Shopping Cart).
- Permanent cookies
These cookies may stay on Your computer long after an individual Site session has ended and may hold such data as login details, contact information and account numbers so that You do not have to re-type them everytime You visit Our Sites.
- First-party cookies
These are cookies issued from the website You have actually access (e.g., Nixon.com). They serve to give memory to the website abou Your data and preferences
- Third-Party Cookies.
There are several third-party cookies that get loaded when using Our Sites. Cookies from Twitter, Google, Adroll and Facebook are the primary cookies that load. Other third-party cookies may include other advertising tracking and interest-based advertising, and web analytics cookies.
Why do we collect, and how do we use the data?
The Data We collect is done so to achieve Our objectives of bringing the best products, and user experience, to Our customers. To this end, the Data may be used for the at least the following purposes:
- to aid in the fulfillment and execution of Your purchases;
- to address customer questions and improve overall customer service;
- to send You updates and information on Nixon’s products and related information about Our Company;
- to improve the performance of Our Sites, including making them more user-friendly and personalized by delivering the type of content and product offering in which You may be most interested in;
- to run a promotion, contest, or survey;
- to help detect and protect against consumer fraud and abuse;
- to enable our third-party partners to carry out necessary technical and logistical functions and tasks on Our behalf;
- if applicable, to respond to any government or regulatory request, such as in response to a court order, when required by law, or to protect Our or others’ rights, property and/or safety;
- to prevent the commission of any crime, or violation of Our terms and conditions;
- to defend against third-party claims.
- To assist in the effectiveness of direct mailing campaigns to Nixon’s customers.
If You have opted to be on Our mailing list, You will receive emails, or other forms of electronic communications, that may include company news, updates, related product or service information, etc. If at any time You wish to unsubscribe from receiving such communications in the future, We include detailed unsubscribe instructions at the bottom of each email.
Sharing Data with Third Parties.
For the purpose of operating Our business, third-parties (e.g. credit card companies, shipping companies, customer service providers) may process Your Data. We have procedures in place to ensure that these third party companies value Your privacy. We also may share or trade encrypted Data to specific third-parties who process such Data for the purpose of providing to Nixon, and other businesses, information critical to Us building stronger relationships with Our customers, and further grow Our business.
The Data that We collect, including information about any purchase orders and purchase history, may be used to make Our future marketing efforts more efficient. This Data may also be shared with Our third-party partners who assist Us with Our marketing and advertising efforts and with other marketers whose products or services We feel may be of interest to You. If you prefer that We do not share your Data with other marketers, please ccontact Us.
Notice to California Residents
Subject to certain limitations under California Civil Code § 1798.83, California residents may ask Us to provide them with (i) a list of certain categories of Personal Data that We have disclosed to third-parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third-parties. To make such a request, California residents may contact Us.
Retention, Security and Transfer of Data
Retention of Data
Nixon retains your Personal Data for as long as You have an open and active account profile with Us or as needed to provide You the services You requested. We will also retain and use Your Data to comply with our legal obligations, resolve disputes and enforce our agreements. We will also retain the minimum amount of Your Data necessary to maintain a record of Your opt-out, or withdrawal from opt-in, if You choose to opt-out of Our communications.
Security of Data
We maintain physical, administrative, and electronic safeguards designed to protect Personal Data You provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. All Data is stored securely and may only be accessed by employees with a legitimate business need to access the Data. Our Site is also in compliance with Payment Card Industry vulnerability standards in order to create as secure an environment as possible for all of Our customers. Please remember, however, that no method of transmission over the internet, or method of electronic storage, is 100% secure, and we cannot guarantee its absolute security. If We learn of a breach of the Data that may impact You, We will alert You to this fact as expeditiously as possible.
Transfer of Data
We may transfer Data We collect to the United States and/or other countries outside of the country in which the Data was originally collected. While those countries may not have the same data protection laws as the country in which the Data was originally collected, when We transfer Data to other countries, we will protect that Data as described in this Policy.
Access to your data and your right to opt-out.
Access and Corrections To Your Data
We believe it is important to provide consumers with clear information about the Data available in Our databases. If Your Personal Data changes, or if You no longer wish Us to store and use Your Data, You may correct, delete or ask to have Your information removed by contacting Us.
We maintain contact lists to communicate electronically or otherwise with Our customers and those who visit Our Sites. Individuals must affirmatively ask to join one or more of Our contact lists by registering on Our Sites or through other means. All messages sent using these lists include an opportunity to unsubscribe or opt-out of future messages. You may also request to be removed from future messages by contacting Us.
You can also opt-out of relevant advertising through the following means:
- U.S. Visitors
You may visit the Network Advertising Initiative (“NAI”) to learn more about its program and to opt out of the Interest-Based Advertising delivered by NAI members on web pages using cookies by visiting: http://www.networkadvertising.org/choices/.
We adhere to the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Principles. You can visit the DAA to learn more about its program and to "opt out" of the online behavioral advertising delivered by its participants on web pages using cookies by visiting: http://www.aboutads.info/.
- European Union Visitors
We support the European Digital Advertising Alliance’s (“EDAA”) Self-Regulatory Principles. You can visit the EDAA to learn more about its program and opt out of the online behavioral advertising delivered by its participants on web pages using cookies by visiting: http://www.youronlinechoices.eu.
- Canadian Visitors
We support the Digital Advertising Alliance of Canada’s (“DAAC”) Self-Regulatory Principles. You can visit the DAAC to learn more about its program and opt out of the online behavioral advertising delivered by its participants on web pages using cookies by visiting: http://youradchoices.ca/choices/.
Please note that these opt-outs operate by placing a cookie on Your device that is unique to the browser You use to opt out. If you change browsers or computers, or delete the cookies on Your computer, You will need to opt out again.
- Mobile Opt-Out
You can learn more about how to opt-out of the use of information for relevant advertising on Your mobile application device, such as Apple iOS, by visiting this page: http://www.networkadvertising.org/mobile-choices.
- “Do Not Track” Feature on Web Browsers.
Some browsers have a “do not track” feature that lets You tell websites that You do not want to have Your online activities tracked. These features are not yet uniform. Please refer to Your browsers documentation for more information.
Sensitive Info / Use of Our Sites by Children.
Do Not Provide Us With Sensitive Info
We ask that You not send or disclose any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) to Us through Our Sites or otherwise.
In accordance with the Children’s Online Privacy Protection Act, We will not knowingly collect any Data from children under the age of 13, and Our Sites are not intended for use by children under the age of 13. If You are under 13, please have Your parents enter their Data when personal information is required.
User Content Submission Terms.
The following terms and conditions (hereafter “Terms”) govern any and all Submissions (as defined herein) of User Content (as defined herein). You acknowledge that You shall be solely responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that You submit, upload, post or otherwise provide or make available to Us or Our vendors, on or through Our Site or otherwise (“Submission(s)”), including User Content You agree to allow the use of that is on third party companies’ websites, for example Instagram, Twitter, Facebook, Pinterest and Google+, that are associated with hashtags related to Nixon, including, for example, #Nixon. Nixon expressly disclaims any and all liability in connection with Submissions. Such Submissions may be used on the Site and/or on other Nixon marketing materials, including emails, social media and store signage. By making a Submission, You represent and warrant that You are at least eighteen (18) years old and that You have read, understand and agree to be bound by these Terms. If Your Submission is selected by Nixon to be used, it may be displayed for other users to see, together with Your name and associated Instagram, Twitter, Facebook (if applicable) profile information (such as your handle and profile picture). You acknowledge and agree that Nixon is under no obligation to display, feature or use any Submission, but We may do so at Our sole discretion.
Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, You hereby grant, and You represent and warrant that You have the right to grant, to Nixon, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works of, distribute, perform and display any Submission, as well as Your name, Instagram, Twitter, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to You. You also acknowledge that Your Submission may not be returned and We may use Your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. For clarity, You retain all of Your ownership rights in your Submissions.
You further represent and warrant that Your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead Us as to the origin of any Submission. You agree to indemnify Nixon, our vendors, and third-parties such as Instagram, LLC, Twitter Inc., Facebook, Inc.,.Pinterest, Inc. and Google Inc. and any of Our or their respective parents, affiliates, licensees, licensors, and each of Our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of Your or any other person’s or entity’s name, Instagram, Twitter, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by You of any of these Terms or applicable laws.
Nixon does not guarantee any confidentiality with respect to Submissions made and such Submissions may be made available to the general public, and may be used by Nixon without restriction. Anyone who submits User Content further irrevocably waives any rights of publicity and privacy, any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that may exist under any applicable law or under any legal theory.
Nixon reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Site or otherwise use the Submission. You acknowledge and agree that all editorial decisions regarding the use of Your Submission are solely at Nixon’s discretion, and that Nixon may combine, format, configure and otherwise edit your Submission in its sole discretion. You hereby waive any right to inspect or approve Your Submission before it is used. The Site may include the opinions, statements and other content of third parties. Nixon is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Site are those of such third-parties and not of Nixon, including its licensors and/or vendors, and Nixon does not endorse any such opinions, statements, or materials. Nixon reserves the right to remove Submissions at any time without prior notice.
To the fullest extent permitted by applicable law, You hereby release, hold harmless, and forever discharge Nixon from any and all claims, actions, causes of action, demands, rights, damages, costs, and expenses (collectively, “Claims”) arising out of, related to, or in any way connected with the exercise by Nixon of the rights granted herein, including, without limitation, any and all Claims for invasion of privacy, infringement of Your rights of privacy and/or publicity, infringement of Your intellectual property rights, defamation, or portrayal in a false light. If You are a California resident, You waive Your rights with respect to California Civil Code Section 1542, which provides “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor,” as well as under any statute or common law principle of similar effect which restricts the release of claims which the releasing party does not know or suspect at the time of the release, which if known would have materially affected the decision to agree to release.
You acknowledge and agree that Nixon has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third-party of any Submission.
Changes to Policy
This Policy may be updated and/or revised from time-to-time in Nixon’s sole discretion and without prior notice. Any significant changes to this Policy – specifically to Our collection and/or Use of Data – will be prominently noticed to the public on our Sites, or through other appropriate means. We also encourage you to frequently check this page for any changes, and to stay informed about how We are helping to protect the Data We collect.
Questions about the policy?
If You have any questions about this Policy, or wish to request more information on Nixon’s data privacy practices, please contact Us.
- Provide a clear and conspicuous link on the business’ Internet homepage, titled “Do Not Sell My Personal Information,” to an Internet Web page that enables a consumer, or a person authorized by the consumer, to opt out of the sale of the consumer’s personal information. A business shall not require a consumer to create an account in order to direct the business not to sell the consumer’s personal information.
- Include a description of a consumer’s rights pursuant to Section 1798.120, along with a separate link to the “Do Not Sell My Personal Information” Internet Web page in:
- Its online privacy notice or policies if the business has an online privacy notice or policies.
- Any California-specific description of consumers’ privacy rights