Privacy Policy

Effective: June 22, 2016.

This Privacy Policy (the “Privacy Policy”) serves to inform you of our policies and procedures regarding the collection, use and disclosure of the information we receive when you access and use all websites (the “Sites”), services, software, mobile applications, and all other products and services (all of the foregoing collectively, the “Services”) owned, controlled or offered, directly or indirectly, by The Nearby, Inc. (“The Nearby”, “we,” “our” or “us”), including the Services offered under House Account or via our www.houseacct.com Site. This Privacy Policy is a legally binding agreement between The Nearby and you (and your employer or an entity if you are acting on their behalf, “you” or “your”) as the user of the Services. By using the Services, you hereby warrant and represent that (i) you have read, understand and agree to this Privacy Policy, (ii) you are over 18 years of age, and (iii) if you are acting on behalf of your employer or an entity, you have the authority to accept and agree to this Privacy Policy. PLEASE DO NOT USE, INSTALL OR ACCESS THE SERVICES IF YOU DO NOT AGREE TO THIS PRIVACY POLICY.

This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Services. Your use of the Services following any such notice will signify and constitute your agreement to and acceptance of such revised Privacy Policy.

Information Collection

For the purposes of this Privacy Policy, “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, company name, email address, telephone number and credit card information, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

Personal Information We Collect

When you interact with us, we collect Personal Information that you voluntarily provide. For example, when you create an account with us, update your account data on our Sites, sign up for our email lists, participate in any of our promotions or otherwise use certain aspects of our Services, we may ask you to provide information such as your name, company name, e-mail address, physical address and phone number. We also collect Personal Information about your customers that you share with us or that customers provide while shopping or during checkout. In addition to collecting information on the Services, we may collect information from you when you communicate with us over the phone, including via text messages, or via e-mail. You can choose not to provide any information that is requested of you by us. However, this may limit your ability to use the Services.

We collect Personal Information when you register to join the Services (or choose to refresh your account data) by logging into an account that you already have with a third party social networking platform (“SNP”) via our Services. For example, our Services allows you to create an account and login to the Services using your Facebook account credentials through Facebook Connect. If you create a user account by logging into the SNP via the Services, you are using the Personal Information you have already provided to the SNP (such as your “real” name, e-mail address, age and other information you make available via the SNP) to create your account on our Services. Accordingly, if you use Facebook Connect to join the Services, you are allowing us to access the Personal Information in your Facebook account pursuant to Facebook’s terms and conditions governing your use of the Services via Facebook. The information we receive from an SNP may depend on the privacy settings you have with the SNP, so please check the SNP’s privacy and data practices.

Non-Personal Information

We also collect information in a form that does not personally identify you (“Non-Personal Information”) for any purpose. Non-Personal Information can include certain Personal Information that has been de-identified; that is, information that has been rendered anonymous. We and/or our third party service providers obtain Non-Personal Information about you from information that you provide us, either separately or together with your Personal Information. We also use cookies and other technologies to passively collect Non-Personal Information as described below.

Non-Personal Information We Automatically Collect We and our third-party service providers may use a variety of technologies, now and hereafter devised, that automatically record certain usage information. This information may include your IP Address (defined below) and other unique identifiers for the particular device you use to access the Internet, browser type, your web or application request, your interaction with our Services, your interaction with other websites and online services (e.g., purchases you make), the webpage or other feature you were using before you came to our Services, pages of our Sites that you visit, access times and dates, and other similar information. We do not treat this information as Personal Information (except to the extent required by local law).

Cookies and Other Technologies We Use

A cookie is a small data file transferred to your computer when it is used to access our Services. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience while using the Services. Cookies may be used for many purposes, including to enable certain features of our Services, to better understand how you interact with our Services, to determine interest in particular content, and to monitor aggregate usage by visitors and online traffic routing. You may be able to instruct your browser, by changing its option, to stop accepting cookies or to prompt you before accepting a cookie from the online services you visit. You may also remove persistent cookies by following your web browser’s help file directions. If you do not accept cookies, however, you may not be able to use all portions of our online services or all functionality of our online services.

We and our service providers may also use “pixel tags,” “web beacons,” “clear GIFs,” or similar means in connection with the Services and HTML-formatted email messages to, among other things, track the actions of users, to determine the success of marketing campaigns and to compile aggregate statistics about Site usage and response rates. This information is collected anonymously, in a manner that does not personally identify you.

When you visit and interact with the Sites, we and/or third parties with whom we have contracted to provide services to us may collect your Internet Protocol Address (“IP Address”), which is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. This number is identified and logged automatically in our server log files whenever you visit the Sites, along with the time(s) of your visit(s) and the page(s) that you visited. We use IP Addresses to monitor the regions from which Users navigate the Sites and for fraud prevention purposes.

In this Privacy Policy, we refer to all information collected from or about you, including Personal Information and Non-Personal Information, as “Your Information.”

Our Use of Your Information

We mainly use Your Information, either alone or in combination with other information, so that we can provide, enhance and personalize our Services and related content, products, and marketing efforts.

Your Information is used and disclosed for, but is not limited to, the following purposes:

• to provide you with the best user experience possible;
• to respond to your questions and comments;
• to communicate with you regarding Services updates, offers, and promotions and for other marketing purposes;
• to help us develop, customize, deliver, support and improve our Services, content, and advertising;
• to help authenticate any account you create with us;
• to protect the rights or property of The Nearby or our users, and prevent fraud and other prohibited or illegal activities;
• for distribution to third-party service providers that provide services to us;
• to protect the security of our Services and business;
• to conduct system administration and system troubleshooting and to diagnose or fix technology problems;
• for our internal purposes (such as auditing, data analysis, and research to improve our products, services, and communications);
• otherwise, as disclosed to you at the point of collection;
• monitor and analyze use of the Services and for the technical administration of the Sites;
• improve the Sites and the Services;
• generate and derive useful data and information concerning the interests, characteristics and website use behavior of our users; and
• verify that users of the Services meet the criteria required to process their requests.

We may combine your Personal Information with Non-Personal Information and aggregate it with information collected from other users or sources to attempt to provide you with a better experience, to improve the quality and value of our products and services, and to analyze and understand how our products and services are used. We may also use the combined information without aggregating it to serve you specifically. After you terminate your use of the Services, we may continue to use your Non-Personal Information for statistical purposes or other purposes as we see fit. Please note, we cannot guarantee that Non-Personal Information will not identify you as we cannot guarantee that others with access to Non-Personal Information may not have knowledge sufficient to identify you.

Public Forums

The Services have features that enable users to post content publicly (including, without limitation, user comments). The protections described in this Privacy Policy do not apply when you provide information (including Personal Information about you or any person) in connection with your use of these public forums. Any information you share in a public forum is public information and may be seen or collected by other persons, including third parties that do not adhere to the standards set forth in this Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Services. You agree that we may use Personal Information and other information about you to identify you with a posting in a public forum.

Information Sharing and Disclosure

We will not rent or sell your Personal Information to others. Non-Personal Information may be provided to third parties for marketing, advertising, or other uses.

Our Service Providers and Other Third Parties

To operate the Services, however, we may share your Information with our agents, representatives and contractors (including merchants, payment processors, couriers, delivery personnel and other third party vendors) so they can provide us with support services and other features and fulfill your orders. We also may engage third party companies and individuals to perform services on our behalf (e.g., without limitation, software maintenance services, e-mail notifications, database management, web analytics and other services) or to assist us in analyzing how our Services are used. These third parties may have access to your Personal Information. If they do, this access is provided so that they may perform these tasks on our behalf and we ask these third parties not to otherwise use or disclose your Personal Information in ways that are prohibited by this Privacy Policy, except to the extent required by law. However, The Nearby is not responsible for the privacy policies and/or practices of such third parties.

Social Networking Platforms

We may share information in your Service account (including your Personal Information) with the SNPs that you have linked to your account. For example, if you link your Facebook account to our Services, then your recent activity on our Services (such as when you Like any content you find on the Services) may be posted back to your Facebook account (subject to your Facebook Timeline integration settings).

Analytics information

We use third-party analytics tools to help us measure traffic and usage trends for the Services. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, and other information that assists us in improving the Services. We may collect and use this analytics information together with your Personal Information and stitch together session data from unauthenticated user visits with authenticated user visits to build a broader profile of our individual users so that we can serve you better.

Third Party Products and Services

Our Services contain links to, and/or content from, third party websites and online services. The fact that we link to a website or display an advertisement or other third party content or product is not an endorsement, authorization or representation of our affiliation with any of those third parties, nor is it an endorsement of their privacy or information security policies or practices.

This Privacy Policy applies only to the Sites and the Services and your interactions with those third-party services are governed by the privacy policy of the third party providing it. We do not exercise control over third-party websites, products or services. Other websites, products and services may place their own cookies or other files on your computer and/or collect data or solicit Personal Information from you. We encourage you to read the privacy policies and other terms of such third parties before using their services.

Compliance with Laws, Legal Process and Authorities

We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to: (1) comply with a legal requirement or process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce the Privacy Policy or the Terms of Service; (3) respond to claims of a violation of the rights of third parties; (4) respond to user comments or service inquiries; (5) protect our rights, property, or safety and the rights, property and safety of our users or the public; or (6) prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable. However, The Nearby will endeavor only to disclose information requested via a valid legal process, and will endeavor to notify any user about whom we have disclosed information if possible.

Data Transfer

The Nearby processes Personal Information on our servers in the United States of America. Your Personal Information may be transferred to, and used by, entities located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. By using the Services or by providing us with your Information, you explicitly consent to the collection, transfer, storage and processing of your Information to and in the U.S. and the use and disclosure of your Information as described in this Privacy Policy.

Business Transfers

Circumstances may arise where, whether for strategic or other business reasons, we may sell, transfer or otherwise disclose some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. It’s our practice to seek appropriate protection for information in these types of transactions.

Opting Out

If you decide at any time that you no longer wish to receive communications from us, please follow any unsubscribe instructions that may be provided on the Services or in our communications to you, or update your user preferences by logging into your user account on the Sites or the mobile applications. Please note that we may use your Personal Information to contact you with important notifications, such as notices with respect to your purchases or safety, or changes to our terms, conditions and policies; you may not opt out of these notifications. Please also note that we may continue to use Your Information for statistical or other purposes as we see fit after you unsubscribe from any communications and/or terminate your use of the Services.

Changing or Deleting Your Information

We keep your data on your behalf and for your benefit. You can correct or delete your account information following the instructions on the Services or by e-mail at [[email protected]], which you may also contact for further assistance and questions regarding the Privacy Policy or for a copy of your account data. If you cancel your account or request us to delete your information, The Nearby will limit its access to your Personal Information to perform what is requested by you and will delete information accessible to The Nearby within seven (7) business days. We may decline to process change or deletion requests that we deem to be unreasonable, require disproportionate technical effort, jeopardize the privacy of others, or as may be required by law.

Do Not Track

We do not track our users and thus do not respond to Do Not Track signals.

Security

We employ appropriate security measures to protect your Personal Information from unauthorized access, alteration, disclosure, or destruction. These security measures include administrative, technical, and physical precautions to safeguard your Personal Information against loss, theft, and misuse. Please be advised, however, that while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction or inadvertent disclosure of your Personal Information.

If you create an account to use the Services, you may be asked to choose a password for your account, which can be used to access information associated with your account (including Personal Information). You should choose a password that is not easy to guess. Do not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and account, and we will attribute activities that occur using your account information (e.g., through the use of your password) to you. If you suspect that your password has been compromised contact us immediately at [[email protected]].

Compromise of Personal Information

In the event that Personal Information is compromised as a result of a breach of security, The Nearby will promptly notify those persons whose Personal Information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law. In the event that we or our Services suffers a data security breach that requires us to provide you with notice, such as under applicable law, you consent to allow us to provide you with such notice by sending an email to the primary email address that is associated with your account.

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Services, as determined by The Nearby in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

Our Policy Toward Children

We do not knowingly collect Personal Information from children under 13 via our Services, and do not target our Services to children under 13. We encourage parents and guardians to take an active role in their children’s online activities and interests. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database. If you are the parent of a child under the age of 13 and have a concern regarding your child’s information on our site, please contact us at [[email protected]].

Changes to this Privacy Policy

Our security and this Privacy Policy are periodically reviewed and enhanced as necessary. This Privacy Policy might change as we update and expand the Services. We will endeavor to notify you of these changes, but will not be liable for any failure to do so. We also encourage you to review this Privacy Policy periodically. If you do not understand any of the terms or conditions of any of our policies, you may inquire regarding the same via email at [[email protected]]. Your continued use of the Services after any change in this Privacy Policy will constitute your acceptance of such change.

Contacting Us

If you have any questions about this Privacy Policy, please feel free to contact us via mail at The Nearby, Inc., 2820 Selwyn Avenue, Suite 325, Charlotte, NC 28209, or via e-mail at [[email protected]].