Privacy Policy

Last updated: March 19, 2025

1. Introduction

This Privacy Policy explains how Nexly, a product of Nexly LLC ("we," "us," or "our") collects, uses, and shares information about users ("you" or "your") when you use our App.

2. Definitions

For purposes of this Privacy Policy

• Account means a unique account created for You to access our Service or parts of our Service.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Application refers to Nexly, the software program provided by the Company.
• Business, for the purpose of CCPA/CPRA, refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
• CCPA and/or CPRA refers to the California Consumer Privacy Act (the "CCPA") as amended by the California Privacy Rights Act of 2020 (the "CPRA").
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Nexly LLC, 169 Madison Ave Suite 2983 New York, NY 10016.
• For the purpose of the GDPR, the Company is the Data Controller.
• Consumer, for the purpose of the CCPA/CPRA, means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
• GDPR refers to EU General Data Protection Regulation.
• Personal Data is any information that relates to an identified or identifiable individual.
• For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
• For the purposes of the CCPA/CPRA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
• Service refers to the Application or the Website or both.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to Nexly, accessible from https://nexly.com
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• Under GDPR, You can be referred to as the Data Subject or as the User as you are the individual using the Service.

3. Information We Collect

We may collect the following types of information:

• Personal Information: Name, email address, payment information, and notes.
• Usage Information: Information about how you interact with the App, such as pages viewed and time spent on the App.
• Device Information: Information about the device you use to access the App, including IP address, operating system, and browser type.
• Information from Third-Party Social Media Services: If you decided to register through or otherwise grant us access to a Third-Party Social Media Service we may collect Personal Data that is already associated with these Social Media accounts (such as your name and address).
• Pictures: With your prior permission we may collect pictures that you have explicitly uploaded to Nexly from your Device's camera and photo library

4. How We Use Your Information

We may use the information we collect for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

5. Information Disclosure, Sharing and Usage

We may share your information with:

• Service Providers: Third-party vendors who assist with app operations, such as payment processing, customer support, and data analytics.
• Business Transfers: If we are involved in a merger, acquisition, or asset sale, your information may be transferred.
• Legal Purposes: If required by law or to protect our rights.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With Other Uses: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• We may use third-party Service providers to monitor and analyze the use of our service such as Plausible Analytics.
  • Their Privacy Policy can be viewed at https://plausible.io/privacy
• We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us. We may use Email Marketing Service Providers to manage and send emails to You. Such services as Postmark by ActiveCampaign may be used.
  • Their Privacy Policy can be viewed at https://postmarkapp.com/privacy-policy
• We may use third-party Service Providers to maintain and improve our Service.
  • Google Places is a service that returns information about places using HTTP requests. It is operated by Google. Google Places service may collect information from You and from Your Device for security purposes. The information gathered by Google Places is held in accordance with the Privacy Policy of Google: https://www.google.com/intl/en/policies/privacy/

6. Data Retention

We will retain your personal information only for as long as necessary to fulfill the purposes for which it was collected or as required by law.

7. Data Transfer

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

8. Personal Data Deletion

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You. You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us. We may need to retain certain information when we have a legal obligation or lawful basis to do so.

9. Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors). We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

• Apple Store In-App Payments
  • Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/
• Google Play In-App Payments
  • Their Privacy Policy can be viewed at https://www.google.com/policies/privacy/
• Stripe
  • Their Privacy Policy can be viewed at https://stripe.com/us/privacy

10. Security

We take reasonable measures to protect your personal information from unauthorized access, loss, or misuse. However, no method of transmission over the internet or electronic storage is completely secure.

11. Your Rights

Depending on your location, you may have certain rights regarding your personal information, including the right to access, correct, delete, or object to the processing of your data. To exercise your rights, please contact us at [Contact Email].

12. Cookies

We may use cookies and similar technologies to collect information about your use of the App. A further explanation of cookies is below

• What are cookies?
  • Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the website to recognize you and make your next visit easier and the website more useful to you.
• How we use cookies:
  • When you use and access our website, we may place a number of cookies files in your web browser. We use cookies for the following purposes:
    1. To enable certain functions of the website
    2. To provide analytics
    3. To store your preferences
• We use both session and persistent cookies on our website and we use different types of cookies to run our website:
  • Essential cookies: We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
  • Analytics cookies: We may use analytics cookies to track information such as how the website is used so that we can make improvements.
  • Preference cookies: We may use preference cookies to remember your preferences and various settings.
• Third-party cookies
  • In addition to our cookies, we may also use various third-parties' cookies to report usage statistics of the website, deliver advertisements on and through the website, and so on.
• Web Beacons
  • Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics
• What are your choices regarding cookies?
  • If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.
• Managing Your Cookie Preferences
  • You can control or delete cookies through your browser settings. Most browsers allow you to:
    • View what cookies are stored on your device and delete them on an individual basis
    • Block third-party cookies
    • Block cookies from particular websites
    • Block all cookies from being set
    • Delete all cookies when you close your browser
• Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
• Changes to our Cookie Policy
  • We may update our Cookie Policy from time to time. We advise you to review this page periodically for any changes. By continuing to use our website after any changes, you agree to be bound by the updated policy.

13. Third-Party Links

The App may contain links to third-party websites. We are not responsible for the privacy practices or content of such websites.

14. Children’s Privacy

Our App is not intended for children under the age of 13. We do not knowingly collect personal information from children under 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

15. Changes to Privacy Policy

We may update this Privacy Policy from time to time. Any changes will be posted on this page, and your continued use of the App constitutes acceptance of the updated Privacy Policy.

16. GDPR Privacy

Legal Basis for Processing Personal Data under GDPR We may process Personal Data under the following conditions:

• Consent

  You have given Your consent for processing Personal Data for one or more specific purposes.

• Performance of a contract

  Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.

• Legal obligations

  Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.

• Vital interests

  Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.

• Public interests

  Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.

• Legitimate interests

  Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract. Your Rights under the GDPR The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights. You have the right under this Privacy Policy, and by law if You are within the EU, to:

• Request access to Your Personal Data

  The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.

• Request correction of the Personal Data that We hold about You

  You have the right to have any incomplete or inaccurate information We hold about You corrected.

• Object to processing of Your Personal Data

  This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.

• Request erasure of Your Personal Data

  You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.

• Request the transfer of Your Personal Data

  We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.

• Withdraw Your consent

  You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

Exercising of Your GDPR Data Protection Rights You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible. You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

17. CCPA/CPRA Privacy Notice (California Privacy Rights)

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California. Categories of Personal Information Collected We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months. Please note that the categories and examples provided in the list below are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of Our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.

• Category A: Identifiers

  Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.

  Collected: Yes.

• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

  Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

  Collected: Yes - Your full name and payment information (for paid subscribers)

• Category C: Protected classification characteristics under California or federal law

  Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

  Collected: No.

• Category D: Commercial information

  Examples: Records and history of products or services purchased or considered.

  Collected: Yes.

• Category E: Biometric information

  Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

  Collected: No.

• Category F: Internet or other similar network activity

  Examples: Interaction with our Service or advertisement.

  Collected: Yes.

• Category G: Geolocation data

  Examples: Approximate physical location.

  Collected: No.

• Category H: Sensory data

  Examples: Audio, electronic, visual, thermal, olfactory, or similar information.

  Collected: No.

• Category I: Professional or employment-related information

  Examples: Current or past job history or performance evaluations.

  Collected: No.

• Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))

  Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

  Collected: No.

• Category K: Inferences drawn from other personal information

  Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

  Collected: No.

• Category L: Sensitive personal information

  Examples: Account login and password information, geolocation data.

  Collected: Yes - your email and password necessary to sign in to the Service