Nimbly Privacy Policy

July 23, 2019

Nimbly is a global insights agency that conducts custom research to allow our clients to understand their customers. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and share your personal information and to assist you in exercising the privacy rights available to you. 

SCOPE

This Privacy Policy applies to personal information processed by us in our business, including on our websites, and other online or offline offerings (collectively, the “Services”). 

PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect depend on whether you are a client, respondent, employee or contractor, and the requirements of applicable law. 

Information You Provide to Us.

Clients. When you contact us to use our Services, we collect your business contact information and other information you may directly provide to us (e.g., your own customer lists, existing research or strategic documents)

Participants. During recruitment for our research programs, we will collect personal and/or business contact information including but not limited to first name, last name, email address and telephone number, as well as public social media content as applicable. Additional personal information such as age, gender, zip code and range of income level, may be collected during the screening process to verify your qualification for the research program. In addition, with your consent, we may collect additional information such as your ethnicity, political opinions, religion, race, behavior, attitude, pictures or audio/video recordings. 

Your Communications with Us. We may collect personal information from you such as email address, phone number, or mailing address when you request information about our Services, participate in our research, or otherwise communicate with us.

Interactive Features. We may offer interactive features such as commenting functionalities, review forums, blogs, chat services, and social media pages. We and other individuals who use our Services may collect the information you submit or make available through these interactive features. Any information shared on the public sections of these channels will be considered “public” and may not be subject to the privacy protections referenced herein.

Information We Collect Through Your Use of the Services

Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, IMEI, MAC address, Technologies including cookie identifiers, mobile advertising and other unique identifiers,  mobile carrier, details about your browser, operating system or device, location information (including inferred location based off your IP address), Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with your account and the devices you use.

Cookies, Pixel Tags/Web Beacons, and Personalized Advertising. We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.

  • Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.

  • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded. 

Analytics. We may also use Google Analytics and other service providers to collect information regarding visitor behavior and visitor demographics on our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout

HOW WE USE YOUR INFORMATION 

We use your information for a variety of business purposes, including to: 

 Fulfill our client contracts and provide our Services, such as:  

  • Conducting research on behalf of our clients;

  • Responding to your questions, comments, and other requests;

  • Communicating with you about our Services and policy changes; and

  • Allowing you to register for events.

Analyze and improve our Services pursuant to our legitimate interests, such as:

  • Measuring interest and engagement in our Services;

  • Conducting research and development; 

  • Developing new products and Services;

  • Ensuring internal quality control;

  • Verifying your identity and preventing fraud;

  • Detecting bugs or other software issues;

  • Preventing potentially prohibited or illegal activities; 

  • Enforcing our agreements; and 

  • To comply with our legal obligations, protect your vital interest, or as may be required for the public good.

Provide you additional content and Services, such as:

  • Providing you with tailored materials about offers, products, and Services that may be of interest, including new content or Services; and

  • Other purposes that are disclosed when you provide personal information or that you consent to. 

You may contact us at any time to opt out of the use of your personal information for marketing purposes, as described below.

Automated Decision Making.

We may engage in automated decision making or profiling. We will not make automated decisions about you that would significantly affect you, unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are required by law to use such technology.

De-identified and/or Aggregated Information.

We may use personal information and other data about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services, or other analyses we create. 

Process Information on Behalf of Our Customers (as processors)

Our clients may choose to use our Services to process certain data of their own, which may contain personal information. The data that we process through our Services is processed by us on behalf of our clients, and our privacy practices will be governed by the contracts that we have in place with our clients, not this Privacy Policy.

If you have any questions or concerns about how such data is handled or would like to exercise your rights, you should contact the person or entity (i.e., the data controller) who has contracted with us to use the Service to process this data. Our clients control the personal information in these cases and determine the security settings within the account, its access controls and credentials. We will, however, provide assistance to our customers to address any concerns you may have, in accordance with the terms of our contract with them. For a list of our sub-processors, contact us as described below. 

Automatic Collection Technologies. 

Our uses of Technologies fall into the following general categories: 

  • Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security; 

  • Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;

  • Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;

  • Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third party sites. 

Third Party Websites/Applications. 

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

DISCLOSING YOUR INFORMATION TO THIRD PARTIES 

We may share your personal information with the following categories of third parties:

Service Providers. We may share any personal information we collect about you with our third-party service providers. The categories of service providers (processors) to whom we entrust personal information include: vendors to support the provision of the Services, IT and related services; information and services; payment processors; and customer service providers. 

Business Partners. We may provide personal information to business partners to provide you with a product or service you have requested. We may also provide personal information to business partners with whom we jointly offer products or services.  

Other Users. When you use the Services, you may share certain personal information with other users. This personal information may include your name and comments you submit. Please be aware that Nimbly has little or no control over how individuals may use the information you share.

Advertising Partners.  Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” If you prefer not to share your personal information with third party advertising partners, you may follow the instructions below. 

Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

Disclosure in the Event of Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract. 

International Data Transfers. You agree that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. 

YOUR CHOICES

General.

You have certain choices about your personal information. You may have the right to object to or opt out of certain uses of your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time and prevent further processing by contacting us as described below. 

Email Communications. 

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our agreements or this Privacy Policy).

“Do Not Track”.

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Technologies and Personalized Advertising.

You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android and iOS

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/

Please note you must separately opt out in each browser and on each device. 

Your Privacy Rights.

In accordance with applicable law, you may have the right to: 

  • request confirmation of whether we are processing your personal information; 

  • obtain access to or a copy of your personal information; 

  • receive an electronic copy of your personal information or ask us to send that information to another company;

  • restrict our uses of your personal information, including the right to opt in or opt out of the sale of your personal information to third parties, depending on applicable law; 

  • seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information; and 

  • request erasure of personal information held about you, subject to certain exceptions prescribed by law. 

If you would like to exercise any of these rights, please contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.

DATA RETENTION

We store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.

By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you. 

CHILDREN’S INFORMATION

For Services directed to children under 13 (or other age as required by local law), we require parental consent prior to the collection of personal information. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information.

SUPERVISORY AUTHORITY

If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

CHANGES TO OUR PRIVACY POLICY 

We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect. 

CONTACT US

If you have any questions about our privacy practices or this Privacy Policy, or if you wish to submit a request to exercise your rights as detailed in this policy, please contact us at:

Nimbly

Dan Wu

74-37 45th Avenue, 2nd Floor, Elmhurst, NY 11373

Dan@NimblyInsights.com

HUMAN RESOURCES DATA 

The following section applies to Nimbly’s processing in the context of human resources, recruitment, and applicant consideration.

Nimbly collects personal information from current, prospective, and former Employees, their contact points in case of a medical emergency, and beneficiaries under any insurance policy (“Human Resources Data”). The Human Resources Data we collect may include title, name, address, phone number, email address, date of birth, passport number, driver’s license number, Social Security number or other government-issued identification number, financial information related to credit checks, bank details for payroll, information that may be recorded on a CV, application form, W-9 or mutual nondisclosure agreement, language abilities, contact information of third parties in case of an emergency and beneficiaries under any insurance policy. We may also collect Sensitive Human Resources Data such as details of health and disability, including mental health, medical leave, and maternity leave; information about national origin or immigration status; and optional demographic information such as race, which helps us achieve our diversity goals.

We process Human Resources Data for a variety of business purposes including:

  • Workflow management, including assigning, managing and administering projects;

  • Human Resources administration and communication;

  • Payroll and the provision of benefits;

  • Compensation, including bonuses and long-term incentive administration, stock plan administration, compensation analysis, including monitoring overtime and compliance with labor laws, and company recognition programs;

  • Job grading activities;

  • Performance and employee development management;

  • Organizational development and succession planning;

  • Benefits and personnel administration;

  • Absence management;

  • Helpdesk and IT support services;

  • Regulatory compliance;

  • Internal and/or external or governmental compliance investigations;

  • Internal or external audits;

  • Litigation evaluation, prosecution, and defense;

  • Diversity and inclusion initiatives;

  • Restructuring and relocation;

  • Emergency contacts and services;

  • Employee safety;

  • Compliance with statutory requirements;

  • processing of Employee expenses and travel charges; and

  • Acquisitions, divestitures, and integrations.

We will use personal information we collect for Human Resources activities only for employment-related purposes as more fully described above. If we intend to use this personal information for any other purpose, we will notify the Individual and provide an opportunity to exercise their rights under applicable law.