Nikaza Privacy Policy

Last Revised: February 22, 2019

Nikaza, Inc. (“Company”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from end users of our online services, which are accessed to or through third-party mobile applications (“Services”).

Nikaza, Inc values and respects the privacy of users. This Privacy Policy describes how we collect information about users of mobile applications that provide us information (“users” or “you”), as well as visitors to our website(s), what information we collect, how that information may be used or shared, and what options users have regarding the collection and sharing of their location data.

Questions; Contacting Company; Reporting Violations If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following email address.

legal@nikaza.io

A Note About Children. We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to Company and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at legal@nikaza.io.

A Note to Users Outside of the United States. If you are a non U.S. user of the Services, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy. In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. By providing your data, you consent to such transfer.

The GDPR (European Law)

As of May 25, 2018, a new data privacy law known as the EU General Data Protection Regulation (or the “GDPR”) went into effect through the EEA countries. Nikaza does not offer a product or services directed or relating to activity in EEA countries and does not intend to collect data with respect to activity in EEA countries. We likewise ask data providers that we deal with not to provide us with data relating to user activity in EEA countries. Should we receive any such data, we delete it on a timed basis, and do not intentionally employ it in our products or services. Further, should any of the foregoing change, we will update this section of our Privacy Policy.

Types of Data We Collect. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.

Information We Collect and How We Collect It

We obtain a variety of information (collectively the “Information”) from trusted third-party data Providers such as mobile application developers. We collect this Information primarily through Software Development Kits (SDKs) that are embedded with mobile apps or APIs, which are interfaces through which these app developers can provide us with information about their users. We collect the following Information from these apps:

In addition to the above we may also receive

We also collect certain Information when people visit our website(s), including the website on which this Privacy Policy resides. When you visit our website, we or third party platforms we work with may automatically collect other information from your desktop computer, laptop, mobile phone, tablet, or other consumer electronic device that you use to access the website. This information may include anonymous data, such as a unique browser identifier, device type, operating system, settings and system configurations, IP address, other unique device identifiers, and mobile network information and your activity on our website, as well as data about the webpages you access, traffic to and from websites, the dates and times associated with transactions, and web log data. We refer to this as “Site Data.”

We use this Site Data to improve our website user experience and for our commercial purposes, such as marketing, analytics and research. This Site Data may be correlated with more personal information such as name or email address.

Our Use of Cookies. We (or other companies we work with) may collect or associate Site Data using “cookies.” Cookies are small data files that have unique identifiers and reside, among other places, on your Devices, in emails we send to you, and on the web pages of the Nikaza website. We may permit certain third parties to place cookies through our website to provide us with better insights into the use of our website, the user demographics, and to provide relevant advertising to you. These third parties may collect information about your online activities over time and across different websites when you use the our website. For example, we utilize Google Analytics to analyze usage patterns for the Nikaza website. Google Analytics generates a cookie to capture information about the use of our website, which they then compile reports of the activity. Google may use a portion of your IP address to identify its cookie and for its commercial purposes.

By accessing or using the Nikaza website, you consent to the placement of cookies in your browsers and devices as described in this Privacy Policy. You may block, delete, or disable cookies to the extent permitted by your browsers, applications, and Devices as described in more detail below. However, if you do so, the performance of certain features on our website may be limited or not to work at all.

Information We Get from Others. We may also get information similar to or exactly same as what we collect about you from third party sources. We may add this to information we get from you directly. When you choose to connect third-party products and services to the services, you are shown details about any proposed exchange(s) of data between the third party and the company. In some cases, Company or the third party will instead (or also) ask for permission to control the products that you have connected. Your consent is required to allow any of these exchanges or requests for control and you will be able to revoke it at any time. Any Company data that you choose to share with a third party is governed by that third party’s privacy policy. Any data that Company receives from third-party products and services will be processed and stored by Notion and will be treated in accordance with this Privacy Policy. This information may be processed in the same ways as any other data that is collected pursuant to this Privacy Policy and is used to enhance your experience with such third-party companies.

Information Collected via Technology. We collect interest and behavioral data about mobile devices that are tied to each device’s Advertising ID. Using proprietary technologies and algorithms, the company processes each set of data associated with an Advertising ID to create an assumed profile (“Profile”) of the User of the mobile device. (“User”). Each profile is only associated with the Advertising ID of a mobile device, and is not linked to a particular, identifiable individual. Our mobile SDK may be incorporated into the code of the mobile apps of certain Customers who are licensees of the SDK technology. The SDK allows the collection of interest and behavioral information about mobile devices in a manner and for purposes similar to those described above. The company provides its Customers with Targeting Segments, which are groups of Profiles that meet certain criteria (“Services”), as explained below. These Targeting Segments are used to send advertisements that are intended to meet the perceived interests of the Users of the devices identified in a specific Targeting Segment.

Users have the ability to opt-out from receiving interest-based advertising derived from the data collected by the company. Nikaza adheres to the applicable industry self-regulatory programs, principles, and guidance published by the Digital Advertising Alliance (DAA), the Interactive Advertising Bureau (IAB) and the Network Advertising Initiative (NAI).

When Nikaza licenses the Nikaza SDK to app publishers, we require these app publishers to provide a clear, meaningful, and prominent notice to Users regarding the collection and use of anonymous data from the app and from the User’s mobile device, and to obtain consent from Users for this data collection, when applicable.

The collected information includes information about a User’s mobile device such as operating system, hardware version, device settings, language settings, telecommunications carriers, IP address, coarse geographic location derived from IP address, device Advertising ID, and installed application IDs. It may also include information about the User’s use of the mobile device, interaction with certain mobile apps installed on the device or with advertisements sent to the device, time zone, applications installed on the device, or advertisement served to the device.

We also obtain information from external sources, such as third party data providers or other application owners, for example a database that would link advertising IDs and a customers CRM data set.

We may also collect certain demographic information (age, gender, general geolocation information) and information about User behavior when using a Customer’s mobile application. When we do not have certain demographic information, we may infer it or model it from other information about Users.

If a User has enabled “location tracking” in an application, we may receive certain precise location information about the device.

When providing mobile location analytics reporting services to a brick and mortar business, we may collect MAC addresses from WiFi enabled devices that come into the reach of our proprietary IoT sensor. This occurs only when a device’s WiFi is turned on. The MAC address is a unique identifier assigned to every mobile device. It is not the device’s mobile number. The MAC address identifies the make of the device, such as Samsung or Apple, but it does not reveal other information about the device nor its owner. We also capture the signal strength from the device to estimate the distance between the device and WiFi and sensor.

The MAC address is hashed for privacy before it’s recorded. Once it is hashed, the hash value cannot be translated back to the original MAC address to identify the device from which it was obtained. This information is retained in our databases for only as long as reasonably necessary for business purposes.

The company analyzes this information to create anonymous and aggregated reports that are then shared with the business customer. Reports prepared for a retail business customer might contain information such as how many people visited the store, the dwell time, which part of the store they visited, and how often they returned. This information may be used to reduce wait times at check-out, optimize store layouts, and understand consumer shopping patterns.

Consent. The 3rd party data providers that we work with are responsible for providing Users with their own privacy notice, and obtaining consent to the collection and use of User Data where applicable. Nikaza requires that customers who implement the Nikaza SDK obtain consent from the users with their own privacy notice. We may share the data that is collected with our partners and our partners may or may not use the data for their own marketing purposes.

Use of Your Personal Data

General Use. Personal Data you submit to us via our website is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways: 1. provide services and Improve the quality of experience when you interact with our Partners. 2. marketing purposes.

Compliance with Laws. We treat information that we obtain through providing our Services in accordance with all applicable laws and regulations, including the rules and regulations issued by the Federal Communications Commission.

Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

Third Party Service Providers. We may share your Personal Data with third party service providers to provide you with the Services that we offer, to conduct quality assurance testing, and/or to provide other services to the Company or for marketing purposes. These third party service providers are required not to use your Personal Data other than to provide the services requested by Company.

Partners. We may share your Personal Data with our Partners, which may or may not include companies with whom you have had one (1) or more interactions, to provide you with an improved quality of experience when you interact with those Partners and for future marketing purposes from those Partners. Our partners may or may not use the data for their own marketing purposes.

Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

Affiliates. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Company may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (c) to protect or defend the rights or property of Company or users of the Site or Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

Third Party Websites. Our Services may contain links to third party websites. When you click on a link to any other website or location, you will be redirected to another site in which another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be held responsible for these external websites or their content. The terms of this Privacy Policy do not apply to these external websites, services or content, or to any collection of your Personal Data once the traffic is redirected to an external source. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

Your Choices Regarding Your Information. You have several choices regarding the use of information on our Services:

  1. Cookies. If you decide at any time that you no longer wish to accept cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.
  2. Opt-Out. You may elect to opt-out of information collection by the Company. To do so, please visit http://www.nikaza.io/opt-out . Alternatively, visit the terms of use or privacy policies of our Partners for instructions on how to opt-out. We may retain an archived copy of your records as required by law or for legitimate business purposes.

  3. If you want to end all targeting on a mobile device immediately, you can turn on “Limit Ad Tracking” in your device settings. To limit Ad Track on an Apple device, see instructions at: https://support.apple.com/en-us/HT202074. To limit Ad Tracking on an Android device, see instructions at: https://support.google.com/ads/answer/2662922.

Please note, however, that opting-out will not block general advertisements that are sent at random, and not tied to the perceived interest of the User of a particular device.

We recommend physical store locations implementing our IoT solutions for data analytics to participate in the Mobile Location Analytics Code of Conduct developed by the Future of Privacy Forum. This code requires transparency and choice for mobile location analytics service providers. If you would like to exclude your WiFi-enabled device from being included in mobile location analytics reporting by companies who participate in this Code of Conduct, you can opt out at any time.

Security of Your Personal Data. The Company is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. However no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while Company uses reasonable efforts to protect your Personal Data, Company cannot guarantee its absolute security. Further, while we attempt to ensure the integrity and security of personal data, we cannot guarantee that our security measures will prevent third-parties such as hackers from illegally obtaining access to personal data. We do not warrant or represent that personal data about you will be protected against, loss, misuse, or alteration by third parties.

  1. Information Retention Information we collect is retained indefinitely provided that we will comply with the opt-out procedures described above, and will likewise comply with our representations regarding Information collected from devices located in EEA countries (and Switzerland).

  2. Changes to This Privacy Policy. This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will prominently post notice of the changes. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. If you do not wish to permit changes in our use of your Personal Data, you must opt out prior to the effective date of the changes. Continued use of our Services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.