This Privacy Policy was updated on May 10, 2023.
1 - Introduction
NXTSHOP, Inc. and its affiliates in the United States (collectively, “NXTSHOP”, “us”, “our” or “we”) are committed to protecting the privacy of your personal information. This Privacy Policy describes what information we collect about you, what we do with that information, your choices with respect to our processing of your personal information, and our information privacy practices. We urge you to read this Privacy Policy in its entirety before providing your personal information to us.
This Privacy Policy applies to NXTSHOP, its affiliates operating in the United States, and websites or applications that link to this Privacy Policy (collectively, “NXTSHOP s’ websites” or “Site”). This Privacy Policy also applies to our collection and use of your personal information for marketing communications, campaigns and programs, and to process your purchase of product or services from us.
This Privacy Policy is incorporated into our Terms and Conditions, available here, which also apply when you use NXTSHOP’s Sites and purchase products and services from us.
2 - Types of Information Collected
Personal Information We Collect
Personal information or personal information means any information we collect and by which you can be identified. Personal information includes, but is not limited to:
Non-Personal Information We Collect
Non-personal information does not identify you personally. Non-personal information includes, but is not limited to, technical information and geolocation information. It can include Internet protocol (IP) address if that IP address does not identify an individual or household, internet service provider, site access times, referring websites, and web pages within the NXTSHOP’s Websites visited and general location information (e.g., city, state) based on IP addresses. We sometimes refer to this data as “Anonymous Data.” We collect Anonymous Data in many ways including through automated logging of activity on the NXTSHOP’s Websites. Anonymous Data is not linked to you or used to identify a specific person.
Note that we may link non-personal information to personal information in order to provide you with better recommendations, help authenticate you or other data or information you may provide, prevent fraud, and ensure that NXTSHOP’s Sites meet your needs. When we link non-personal information to personal information, such information becomes “personal information” for purposes of this Privacy Policy.
Although it may appear that we collect financial information from you on the Site or in providing services that you request, it is actually collected and processed through a third party service provider (“Payment Processor”) that processes payments for us. The Payment Processor may collect financial information such as banking information or credit card number, name, CVV code or date of expiration, from you on the Service. We do not hold your financial information.
3 - When We Collect Personal Information
We collect personal information from or about you when you voluntarily provide us with this information or when you visit the Site. However, if you choose not to provide the information we request, you may be unable to fully enjoy NXTSHOP’s Sites and services, make a purchase, or complete a transaction.
We collect your personal information when you:
If you give us personal information of another person, you represent that you have the authorization from that person to provide such information.
4 - Use of Information
We collect personal information to serve you better and to provide you with a customized experience while using NXTSHOP’s Sites and visiting our stores. Your personal information is used:
5 - When we Share Personal Information with Third Parties
We will share your personal information with third parties as outlined in this Privacy Policy or with your consent. Below is a list of ways we share your personal information:
To Comply with Legal Requirements
To Fulfill a Service to You
To Facilitate Your Use of Third Party Resources
NXTSHOP’s Sites may include access to social networking websites established, owned, and controlled by third parties, such as Facebook.com. You may voluntarily use these third parties to access, purchase, or view products and services. If you choose to use third parties, we may facilitate sharing of your personal information with those third parties.
Please note, however, that your use of third parties and their website shall not be solely governed by our Terms and Conditions or this Privacy Policy, and we do not control the services of those third parties or how they use your information. Be sure to review the terms and the privacy policies of those third parties before using their services.
To Maintain NXTSHOP’s Sites
We may have to share your information with our affiliates and subsidiaries, as well as unaffiliated third-party service providers, unaffiliated third-party service providers, agents, or independent contractors who help us maintain NXTSHOP’s Sites and provide other administrative services to us. These services include, but are not limited to:
We seek to ensure that these unaffiliated third parties will not use your personal information for purpose other than the administrative services for which they are responsible.
Anonymous Data
We reserve the right to share non-identifying data or anonymized information about our customers, sales, and traffic to our affiliates, subsidiaries, partners, and advertisers. We may share this -information when it is tied to your personal information in the manners described above.
In Connection with a Merger or Sale of Our Business
We will transfer your information as a result of, or in connection with, the sale of all or a part of our assets in the event of, a merger, acquisition, reorganization, bankruptcy, or any other change of control transaction. You grant us the right to assign your personal information collected if such information is connected with any such transaction.
6 - Data Collection Technologies We Use
Cookies and Web Tracking Techniques
We use “cookies” on NXTSHOP’s Sites to help us analyze web traffic and evaluate and improve the content and functions of NXTSHOP’s Sites. A cookie is a small text file that is sent by a website, accepted by a web browser, and then placed onto your computer’s hard drive. Cookies help us analyze use of our Sites and better aggregate useful information when users provide feedback about our Sites or products. You can set your browser to refuse cookies from our Sites. This will provide you with more control over the acceptance of cookies on your device. However, it is possible that some portions of our Sites will not function properly or may perform more slowly if you choose to reject cookies. By using our Sites and not disabling cookies, you consent to receiving these cookies and our collection of data through the use of these cookies.
Third Party Advertisers
We may use advertisers, third party ad networks, and other advertising companies to serve advertisements on NXTSHOP’s Sites. These advertising companies may also gather information about your visit to NXTSHOP’s Sites (such as through cookies, web beacons, and other technologies) to enable such advertising companies to market products or services to you and to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please contact hello@nxt-shop.com
PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.
Google Analytics
We use a tool called “Google Analytics” to collect information about use of NXTSHOP’s Sites. Google Analytics collects information such as how often users visit our sites, what pages they visit when they visit, and what other sites they used prior to coming to our site. We use the information we get from Google Analytics only to improve NXTSHOP’s Sites. Google Analytics collects only the IP address assigned to you on the date you visit NXTSHOP’s Sites, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personal information. Although Google Analytics places a permanent cookie on your web browser to identify you as a unique user the next time you visit NXTSHOP’s Sites, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to NXTSHOP’s Sites is restricted by the Google Analytics Terms of Use (www.google.com/analytics/tos.html) and the Google Privacy Policy (www.google.com/privacypolicy.html). You can prevent Google Analytics from recognizing you on return visits to NXTSHOP’s Sites by disabling cookies on your browser. For more information about how Google uses data when you use NXTSHOP’s Sites, you can visit: www.google.com/policies/privacy/partners.
Plug-Ins
Our Site uses what are called social plugins (“plugins”) from social networks such as Facebook, Twitter, YouTube, TikTok and Instagram. These plugins are indicated by the social networks’ respective logos on NXTSHOP’s Websites, and are used to establish a direct connection with the servers of these social networks.
Integration of the plugin allows the social media networks to receive the information that you have loaded onto the corresponding page of the Site. If you are logged in with Facebook, for example, it will be able to assign your visit to your account. An exchange of this information already takes place when you visit our Site, regardless of whether you interact with the plugin or not. If you interact with the plugins, the corresponding information is sent directly to the social network by your browser and saved there. You can find information about how the data is used by the social networks, your rights, and optional settings to protect your privacy on the social networks’ websites.
If you do not want social networks to gather data about you via our Site, you must log out on the social network domain before visiting the Site. To prevent information being exchanged with the social networks during your visit to our Site, you can opt out of cookies through your browser settings and other tools.
7 - Information on Public Areas of NXTSHOP’s Sites
Any information you submit in a public area of NXTSHOP’s Sites – such as on a social media page, user comments, comments on NXTSHOP’s blogs, reviews or comments on any ratings and reviews feature, questions or answer on a question and answer application or any other public forum – will not be treated as confidential and may be publicly disclosed. This applies to personal information, so please consider your public postings before doing so. Additionally, information posted on social media pages will be subject to the terms governing those pages and websites.
8 - Protecting Kids’ Privacy
NXTSHOP’s Sites are not intended for children. We do not knowingly collect personal information from children, and NXTSHOP’s Sites are not designed to attract children. If you believe we have collected personal information about your child under the age of 13, please contact us using the contact information in Section 16.
9 - Protecting Your Security
NXTSHOP’s Sites employ security measures in accordance with industry standards to protect the security of your personal information both online and offline. For example, your personal information is stored on computer servers in a controlled environment that is reasonably protected from unauthorized use or disclosure. Only you can access your account information using the password you created when you created the account. It is your responsibility to maintain your password private. You should always sign off your account and close your browser when you are finished using your account.
10 - Your Choices Regarding Your Personal Information
You can exercise the following choices with respect to your personal information either through your online account or by sending us a request at the contact information included in Section 16 below:
11 - Opting Out
If you would like to opt out of receiving promotional emails from us, please follow the unsubscribe instructions located at the bottom of each email.
If you would like to opt out of receiving direct email, mail, mobile marketing or telephone marketing calls from us, please send your request, including your name, email address, street address, city, state, and zip code, via email to hello@nxt-shop.com (please use the subject line: Privacy Opt-Out Request). We are not responsible for notices that are labeled or sent improperly or do not have complete information. We will process your request within 30 calendar days of the date we receive your request, but you may, in the meantime, receive previously scheduled emails, mail, or calls from us. Once you have opted out, you do not need to do so again.
12 - Changing, Updating or Deleting Personal Information
You can update, change, or delete certain personal information (such as your email address, mailing address, and payment method) on NXTSHOP’s Websites by clicking “My Account” in the menu at the top of each page.
If the information you wish to update, change, or delete is not included in the “My Account” page, you can request an update, change, or deletion by emailing hello@nxt-shop.com.
13 - International Transfer of Information
If you choose to provide us with personal information, we may transfer that information to our affiliates or to other third parties across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal information to the United States, which does not have the same data protection laws as the EU. By providing your personal information you consent to: (i) the use of your personal information for the purposes identified above in accordance with this Privacy Policy, and (ii) the transfer of your personal information to the United States as indicated above.
14 - Changes to our Privacy Policy
We reserve the right to modify this Privacy Policy at any time. We will post the revised policy here, which will be effective as soon as it is posted. We suggest you periodically review this Privacy Policy for any changes. Your continued use of NXTSHOP’s Sites subject to this Privacy Policy will signify your acceptance of Privacy Policy changes.
15 - Governing Law
Where permitted by applicable law, this Privacy Policy shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts-of-law principles and you expressly agree that exclusive jurisdiction for any claim or dispute with NXTSHOP or relating in any way to your use of NXTSHOP’s Sites lies in the state and/or federal courts sitting in the Southern District of New York. With respect to any such claims, you further agree and expressly consent to the exercise of personal jurisdiction in the state and/or federal courts sitting in the Southern District of California in connection with any such dispute, including any claim involving NXTSHOP, the NXTSHOP’s Sites, our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunications providers, and/or content providers.
16 - Contact Us
For further information on our Privacy Policy, or questions on information that we may have collected from you, or to exercise your options set forth in this Privacy Policy, please contact NXTSHOP using any of the following methods:
Email: hello@nxt-shop.com
17 - Additional Notice to California Residents
Do Not Track Disclosures
NXTSHOP does not support Do Not Track browser settings and does not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal information or cookie data.
Third Party Marketing
Under California law, if you are a resident of California, you are entitled once per year to request and obtain certain information regarding our disclosure, if any, of your personal information to third parties for their direct marketing purposes during the immediately prior calendar year. To make such a request, please use any of the contact methods listed in Section 16 above. You must include your full name, email address, and postal address in your message. In response to your request, we will provide you with a notice describing the cost-free means to opt out of our sharing your personal information with third parties, if the third party will use it for their direct marketing purposes.
California Consumer Privacy Act Disclosure
If you are a resident of California, the California Consumer Privacy Act (“CCPA”) (Civil Code § 1798.100) provides you with specific rights regarding your personal information. These include:
To exercise the rights described above, it may be necessary for us to verify your identity or authority to make the request and confirm the personal information relates to you. 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. We will not discriminate against you for exercising any of your privacy rights under CCPA or applicable law.
During the past twelve (12) months we collected the categories of personal information listed above from California residents and third parties.
We also disclosed this personal information to third parties for the purposes noted above during the past twelve (12) months.
18 - Disclosure of Sale
In the past twelve (12) months, we have not sold, and during the period of time which this Privacy Policy is posted we shall not sell, your personal information.
19 - NOTICE OF FINANCIAL INCENTIVE
If the CCPA applies to you, and you have opted-in to one or more of our rewards programs, then in addition to the program specific terms provided to you at the time you opt-in (for each such program, the “Rewards Terms”), the following terms apply.
You agree that the incentive you receive as the result of your participation in a given program (e.g. cash, a different quality of goods or services, or discounts on goods or services that you purchase from us) is reasonably related to the value of any personal information (as explained in the applicable Rewards Terms) that you provide to us as a result of participating in said program(s).
You may opt-out of any rewards program at any time by emailing us at hello@nxt-shop.com indicating that you want to opt-out and identifying the rewards program of which you are opting-out.
You acknowledge and agree that you may no longer receive the incentive(s) that are part of the opted-out program(s), that this is his difference in price or quality would not be considered a discriminatory practice against you for exercising your rights under the CCPA because the value of the incentive(s) that you received under the applicable program(s) is reasonably related to the value of your personal information (as described in the applicable Rewards Terms).
20 - Notice of NXTSHOP’s Biometric Data Practices
In order to allow the NXTSHOP’s Virtual Try On program (the “Feature”) to function properly, we may need to collect, capture, use, and store pictures of you, which may show your facial geometry. Some laws may label pictures of you and your facial geometry as “biometric identifiers”, “biometric information”, “biometric data”, or any number of similar terms referring to details about your physical appearance, or body, that can be used to identify you, which we will refer to here as “Biometrics”.
Before proceeding, we’d like to inform you of our practices relating to your Biometrics. We may collect or capture your Biometrics based on an image that you upload, or that is captured from a webcam or similar device. If collected, your Biometrics may be used to create a digital representation of your face so that you may apply any number of our products to the digital representation and gain a better understanding of how our products will look on you in real life before buying them.
If collected, we may store your Biometrics until you complete the session, at which point, we will permanently destroy and delete your Biometrics.
NXTSHOP does not disclose your Biometrics to any third parties.
Please feel free to email us with any question at hello@nxt-shop.com.