Last Updated and Effective: February 5, 2015
This privacy policy (“Privacy Policy“) applies to the information collected by Nuvogenic LLC, online, through www.Nuvogenic.com and through any interactive features, applications, widgets, blogs, social networks and other online or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device or other technology (collectively, “Website” or “Websites”). Please note that when you enter any subsites accessible through www.Nuvogenic.com, such subsites may have their own specific privacy policies. Additionally, the websites of affiliated Nuvogenic LLC companies, including some that are linked to/from the Website, and internet domains that are linked to/from the Websites, may have different policies; therefore, please review the privacy policy notices on those websites if you visit them.
This Privacy Policy explains the information that Nuvogenic LLC may collect when you interact with us and our practices with respect to that information. Please read this Privacy Policy carefully. In addition, please review our Terms & Conditions or Use, which govern your use of the Websites.
Notice to California Residents — Your California Privacy Rights: If you are a California resident, you have the right to receive: (a) information identifying any third party(ies) to whom Nuvogenic LLC may have disclosed, within the preceding calendar year, your personal information for that third party’s direct marketing purposes; and (b) a description of the categories of personal information disclosed. To obtain such information free of charge, please write to us at Nuvogenic LLC, 11662 Candy Rose Way, San Diego, CA 92131, Attn: Privacy Department. Nuvogenic LLC will respond to these requests within thirty (30) days. Requests that come to Nuvogenic LLC by other means may result in a delayed response.
Collection of Information
Information You Provide To Nuvogenic LLC
In General. While Nuvogenic LLC does not generally require that you provide us with personally identifiable information in order to visit and use the Websites, please note that in order to participate in some activities, such as advertised promotional discounts, contacting us or commenting on blog posts, we may ask you to provide information that could reasonably be used to contact you or to identify you personally (such as first and last name and e-mail address) (“Personal Information”). We may also ask you to provide other information about yourself, such as demographic information (such as gender, geographic region, age, etc.) or certain information about your preferences and interests. If you choose not to provide such Personal Information or other information to us, you may not be able to participate in certain activities we offer. If we combine demographic or other information we collect about you with Personal Information about you, we will treat the combined information as Personal Information.
Individuals Under 13. The Websites are open to all individuals, though some Promotions may have age restrictions. We do not knowingly collect or permit the collection, storage or use of any Personal Information from anyone under 13. If you are a parent or guardian who knows or has discovered that your child under the age of 13 has submitted his or her Personal Information or other information without your consent, permission or authorization, upon request, we will promptly: (a) provide direct notice to you indicating what, if any, Personal Information of your child has been collected and how it has been used and/or disclosed; (b) remove your child’s Personal Information or other information from our database, cease the use of such information and direct any other party with access to such information to do the same; and (c) by notice to you, confirm compliance with the foregoing.
For Promotions. We may offer opportunities to enter into Promotions that we offer, on our own or jointly with a third party. Such Promotions may require registration and the disclosure of both Personal Information and non-Personal Information. In the event that a Promotion is offered jointly with a third party, as a result of your participation in such Promotion, your Personal Information and non-Personal Information may be shared with such third party, which sharing we will disclose to you at the time you provide your information. By entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other third parties connected to the Promotion to use your name, voice and/or likeness in advertising and marketing materials. Therefore, always carefully read the rules of the Promotion before entering.
Information Nuvogenic LLC Collects Automatically
In addition to any Personal Information or other information that you choose to provide to us via the Websites, whenever you visit or interact with the Websites, the Nuvogenic LLC host provider may automatically collect certain information such as your IP address and/or another unique identifier (“Device Identifier”) for the computer, mobile device, technology or other device (“Device”) you use to access the Websites and any referring website. (A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers. Nuvogenic LLC or our host provider may identify your Device by its Device Identifier.) Some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the Device used to access the Websites.
In addition, Nuvogenic LLC, as well as certain third-party analytics and other service providers, may use a variety of technologies that automatically or passively collect information about how you use the Websites (“Usage Information”). Usage Information may include, in part, browser type, operating system, the page served, the time at which a page was accessed and/or the time spent on a page, and the preceding pages views. Usage Information is generally non-identifying, but if Nuvogenic LLC associates it with you as a specific and identifiable person, we will treat it as Personal Information.
Cookies and Other Tracking Technologies.
The technologies used on the Websites to collect Usage Information, including Device Identifiers, may include:
Cookies. “Cookies” (which may be html files, Flash files or other technology) are small text files that help store user preferences and activity. A Cookie is placed on a Device when it is used to visit the Websites or otherwise access our online offerings. Cookies may be used for many purposes, such as remembering you and your preferences, tracking your visits to our web pages and customizing your Website experience. If you choose to disable cookies on your Device, some features of our Websites or our online offerings may not function properly.
Web Beacons. “Web beacons” (also known as image tags, pixel tags, GIFS or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Websites, to monitor how users navigate our Websites, to count how many sent e-mails were actually opened or to determine whether content sent was actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Websites, such as the links you click on. The code is temporarily downloaded onto your Device from our server or a third party service provider, is active only while you are connected to the Websites, and is deactivated or deleted thereafter.
Information Nuvogenic LLC Receives From Third Parties
Nuvogenic LLC may receive information about you from third parties. In addition, if you are on another website and you opt-in to receive information from us, that website will forward to us your e-mail address and other information about you so that we may contact you as requested. We may also supplement the information we collect about you with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. When we obtain Personal Information from third parties, we will apply this Privacy Policy to the Personal Information received, unless we have disclosed otherwise.
Social Media Applications
Functionality on the Websites may permit interactions between such Websites and a third-party website, such as enabling you to “like” a product/service or “share” content to third-party websites. If you choose to “like” or “share” content or to otherwise post information from or via the Websites to a third-party website, feature or application, that information may become public and the third-party web site may have access to information about you and your use of the Websites.
You may also choose to participate in a third party application or feature (such as one of our Facebook applications or a similar application or feature on a third-party website) through which you allow us to collect and share (or the third party to share) information about you, including Personal Information. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected. In addition, we may receive information about you if other users of a third-party website give us access to their profiles and you are one of their “connections,” or if information about you is otherwise accessible through your “connections” web page, profile page, or similar page on a social networking or other third-party website or interactive service.
Uses of the Personal Information Nuvogenic LLC Collects
Nuvogenic LLC will use the information it collects, including your Personal Information:
• to tailor your experience on the Nuvogenic LLC Websites;
• to determine which products and services we offer may be of interest to you;
• to provide you with information about Promotions or other offerings that may be of interest to you;
• to provide you with support and answer questions or other requests; and
• for other purposes disclosed to you at the time you provide the Personal Information.
We may also use the information we collect to improve the Websites and our products and services, for internal business purposes, and to contact you with regard to your use of the Websites and, in our discretion, changes to any of our policies.
When and With Whom Nuvogenic LLC May Share Information Collected
Non-Personal Information. We may share non-Personal Information, such as aggregate user statistics, demographic information, and Usage Information with third parties for a variety of purposes, including tailoring promotions, advertising and communications we present to you.
Personal Information. We may also share your Personal Information, as specifically disclosed at the time you provide your Personal Information and in the following circumstances:
To Affiliates, Other Nuvogenic LLC Companies and Third-Parties.
To Affiliates and Other Nuvogenic LLC Companies. Nuvogenic LLC may share your Personal Information with companies affiliated with Nuvogenic LLC (“Affiliates”), so that those Affiliates can (i) assist us with fulfilling your requests or improving our products, content, services or advertising; and/or (ii) contact you about products, content, services or other offerings that may be of interest to you. For purposes of this Privacy Policy, Affiliates means any company with respect to which Nuvogenic LLC owns, directly or indirectly, a 50% or more stake holding.
To Third-Party Service Providers Providing Services On Nuvogenic LLC ‘s Behalf. We may from time to time employ third parties to perform functions on our behalf, and thus, we may also share your Personal Information with third party service providers that assist us with providing content, fulfilling your requests, improving our products, content, services or advertising, or otherwise performing services for Nuvogenic LLC. As one example, if you access content or services that are published, developed or supported by an Affiliate or third party, your Personal Information may be shared with that Affiliate or third party for purposes related to that content or those services, including service administration and/or development. Additionally, we may share your information in order to host or operate the Nuvogenic LLC Websites, for data analysis purposes, and for the administration of Promotions, such as in connection with winner selection and prize fulfillment.
When You Consent To Have Your Personal Information Shared or Otherwise Request That We Share Your Information. We may offer you the opportunity to consent to the sharing of your information with third parties. Such reasons include, without limitation, so that you are able to receive information and/or marketing offers from third parties. Additionally, you may request, sometimes through your use of an interactive feature or third- party application, that we share Personal Information about you with a third party, and we will typically do so in those circumstances. If you agree or request to have your Personal Information shared (either by opting in, choosing not to opt-out or using a specific feature of the Nuvogenic LLC Websites), your Personal Information will be disclosed to the applicable third party(s) and the Personal Information you disclose will be subject to the privacy policy and business practices of such third party(s); therefore, please consult the respective privacy policies of each third party. If you consent or request to receive communications from third parties, you will need to communicate with them directly if you later decide that you no longer wish to receive their communications.
The provisions above apply to our sharing of Personal Information with Affiliates and third-party service providers. They do not cover use of Personal Information that those Affiliates and third-party service providers collect directly from you. Such use of Personal Information is covered by the relevant Affiliate’s and/or third party’s privacy policy and not this Privacy Policy.
Business Transactions. We may share your Personal Information with other entities affiliated with us for internal reasons, primarily for business and operational purposes including any corporate reorganization, restructuring or other corporate change. In addition, Nuvogenic LLC or any of its assets, including the Nuvogenic LLC Websites, may be sold, or other transactions may occur in which your Personal Information is one of the key business assets in the transaction. In such a case, your Personal Information may be one of the business assets we transfer. Hence, Nuvogenic LLC reserves the right to disclose and transfer user information, including Personal Information, in connection with any activity and/or transaction described above.
Legal Protections and Law Enforcement. We may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier (including IP address), to third parties: (i) to comply with legal obligations; (ii) when we believe in good faith that the law requires it; (iii) at the request of governmental authorities conducting an investigation; (iv) to verify or enforce our Terms & Conditions or other applicable policies; (v) to respond to an emergency; or (vi) to otherwise protect the rights, property, safety or security of third parties, visitors to the Nuvogenic LLC Websites or the public. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies, in our discretion. Such disclosures may be carried out without notice to you.
Links To and Nuvogenic LLC Content On Other Websites
The Nuvogenic LLC Websites may contain links to other websites that are operated and controlled by third parties that we do not control. This includes links of advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. In addition, Nuvogenic LLC content or widgets may be included on web pages and websites that are not associated with us and over which we have no control. These other websites may send their own cookies to your Device, and they may independently collect data or solicit Personal Information. A link from any Nuvogenic LLC Website to any other website does not mean that Nuvogenic LLC approves of, endorses, or recommends that website. Nuvogenic LLC provides such links for your convenience and is not responsible for the content of any website linked to or from any Nuvogenic LLC Website. Moreover, Nuvogenic LLC is not responsible for the privacy practices of any third party, and it disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
Security
Nuvogenic LLC uses commercially reasonable safeguards to help protect and secure your Personal Information, and we use reasonable efforts to obtain the agreement of our Affiliates and third-party service providers to take steps to protect the confidentiality, security, and integrity of Personal Information we share with them. However, no electronic data transmission or storage of information can be guaranteed to be 100% private and secure. Please be careful to avoid ‘phishing’ scams, where someone may send you an e-mail that looks like it is from Nuvogenic LLC asking for your Personal Information. Nuvogenic LLC will never request your Personal Information through e-mail. You understand that any message or information you send to a Nuvogenic LLC Website may be read or intercepted by others. Nuvogenic LLC does not ensure or warrant the security of any information you transmit to us, and you use the Nuvogenic LLC Websites and provide us with your information at your own risk.
Consent to Processing
The Nuvogenic LLC Websites are operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Nuvogenic LLC Websites, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.
Policy Governs Use: Changes to Privacy Policy
The terms of this Privacy Policy will govern the use of any information collected while it is in place. Nuvogenic LLC reserves the right to change this Privacy Policy at any time, without prior notice to you, and any changes will become effective immediately upon posting. Your continued use of the Nuvogenic LLC Websites after posting of any changes to this Privacy Policy will constitute acceptance of, and agreement to be bound by, those changes. Thus, please review this Privacy Policy periodically.
Questions
If you have any questions or comments about our practices regarding Personal Information or about this Privacy Policy, please write to us at Nuvogenic LLC, 10755 Scripps Poway Pkwy #566, San Diego, CA 92131, Attn: Privacy Department. Nuvogenic LLC will respond to these requests within thirty (30) days. Requests that come to Nuvogenic LLC by other means may result in a delayed response.