Privacy Statement

Nicus Software, Inc.

Last Updated: 6/7/2021

Purpose and Scope

Nicus Software, Inc. (“Nicus”) respects your privacy and is committed to protecting your Personal Information as described in this privacy statement (“Statement”).  For the purpose of this Statement, “Personal Information” means information that may be used to identify you personally, such as your name, street address, email or telephone number, and any other information that relates to you.

This Statement applies to the processing of Personal Information by Nicus in the context of its public website, https://www.nicus.com (the “Website”), and within its hosted software applications provided to a customer (“Customer“).  Collectively, the Website and software applications are the “System“.

For the avoidance of doubt, this Statement does not apply to the extent that Nicus’s role is that of a processor on behalf of another entity or Customer. In such a case, it is the underlying entity or Customer who is responsible for the control of any Personal Information.  Nicus is not responsible for and has no control over the privacy and data security practices of the data controller.  If you wish to exercise any rights you may have under applicable data protection laws, please inquire with the data controller.

By accessing and continuing to use the System you consent to the terms and conditions of this Statement.

Information We May Collect or Receive

Certain information may be obtained by Nicus in providing the System to either a Customer or visitor to the Website:

• Identifiers: Information that identifies you directly or could be used to identify you.  Examples: Full name, email address, social media account information, phone number, job title and description, company name, customer account information, IP address, and other data that identifies or could identify your online activity.
• Online Activity: Limited information about your use of the System collected via web analytics.  For more information, see the section entitled “How We may Capture and Share Analytical Information.”
• Commercial Information: Information related to purchases that you or your company might make in connection with our services.
• Other: We may collect Personal Information from our existing and prospective Customers, vendors, and partners.  Also, you may otherwise choose to provide us information when you fill in a form, update or add information to your account, respond to surveys, participate in promotions, communicate with our customer care team, share your experience with us, or use other features of the System.
• Children’s Data: Our Website and System are not directed to children under 16 and we do not knowingly collect any Personal Information directly from children under 16.

How We May Use Personal Information

We may use the information that we collect about you or that you provide to us, including any Personal Information, in the following ways:

• Provide, Improve, and Develop the System. We may use information, including Personal Information, to provide, improve, and develop the System.  We use this information for the following purposes given our legitimate interest in improving the System and the experience of our Customers in using the System, and where it is necessary for the adequate performance of any underlying contract with you:
  • Enable you to access and use the System;
  • Operate, protect, improve, and optimize the System, such as performing analytics and conducting research;
  • Provide customer service; and
  • Send you service or support messages, updates, security alerts, and account notifications.
• Create and Maintain a Trusted and Safer Environment. We may use information, including Personal Information, to create and maintain a trusted and safer environment.  We use this information for the following purposes given our legitimate interest in protecting the System, to measure the adequate performance of any contract we may have with a Customer, and to comply with applicable laws:
  • Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity;
  • Conduct security investigations and risk assessments;
  • Verify or authenticate information or identifications;
  • Comply with our legal obligations;
  • Resolve any disputes with any of our Customers and enforce our agreements with third parties; and
  • Enforce any applicable terms of service or other Nicus policies.
• Provide, Personalize, Measure, and Improve our Advertising and Marketing. We may use information, including Personal Information, to provide, personalize, measure, and improve our advertising and marketing.  We use this information for the following purposes given our legitimate interest in undertaking marketing activities to offer you products or services that may be of interest to you:
  • Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about Nicus or partner campaigns and services) and social media advertising through social media platforms;
  • Personalize, measure, and improve our advertising;
  • Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Nicus or its partners;
  • Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the System, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you; and
  • Invite you to events and relevant opportunities.

How We May Share Personal Information

We may share your Personal Information as follows:

• Service Providers. We may share your Personal Information with third-party contractors, partners, vendors and providers we use to perform functions on our behalf or on behalf of our Customers for business purposes, including hosting or enriching data.  These companies will have access to your Personal Information only to perform their functions and may not use it for any other purpose.
• Business Partners. We may share Personal Information with our business partners and affiliates to fulfill our contractual commitments, or to provide you with a product or service that you have requested.  We also share this information for marketing or sales purposes including in connection with conferences or events where (if applicable) you have consented to sharing.  We may also provide Personal Information to business partners we work with to jointly offer products or services, or whose products or services we believe may be of interest to you.
• Interest-Based Advertising and Third-Party Marketing. We may allow third-party advertising partners to set tracking tools on our System to collect information regarding your online activity.  We may also use this and other Personal Information (such as demographic information) with third-party advertising partners.  These advertising partners may use this information (and similar information collected from other websites) to provide you with more relevant advertisements when you visit other websites within their networks.  This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.”  If you prefer that we do not share your Personal Information with third-party advertising partners, you may opt out as described further below in this Statement.
• Business Transfer. If Nicus undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer, or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence).
• Compliance with the Law. We may disclose your Personal Information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

Your Rights

You have certain choices about your Personal Information.  If you have questions or concerns regarding our collection, use, or disclosure of your Personal Information, or if you wish to exercise your rights, including the right to be removed from our database, please contact us via the contact information listed below in the “How to Contact Us” section.

• Marketing communications from Nicus. You may opt-out of marketing communications from Nicus by following the instructions contained in the marketing messages you receive.
• Right of access, deletion, correction of your Personal Information. Subject to applicable law, you may have the rights to request access to and receive information about the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, and have the information blocked or deleted, as appropriate.

How We Protect Your Personal Information

We employ procedural and technological measures that are reasonably designed to help protect your Personal Information from loss, unauthorized access, disclosure, alteration or destruction.  We may use encryption, secure socket layer, firewall, password protection, and other physical security measures to help prevent unauthorized access to your Personal Information.  We may also place internal restrictions on who in the company may access data to help prevent unauthorized access to your Personal Information.  These precautions take into account the risks involved in the processing, the nature of Personal Information, and best practices in the industry for security and data protection.  However, we cannot provide assurance that hackers will be prevented from intrusion in all cases.

How We May Capture and Share Analytical Information

We, as well as third parties that provide content, advertising, or other functionality on our System, may use cookies, pixel tags, local storage, and other technologies (“Web Technologies”) to automatically collect information.  These Web Technologies are essentially small data files placed on your computer, and other devices, that allow us to record information whenever you visit or interact with our System and to recognize you across devices.

• Cookies are small text files placed in visitors’ computer browsers to store their preferences.  Most browsers allow you to block and delete cookies.  If you choose to delete cookies, our System may not work properly.
• Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on a web page that collects information about how you engage with the page. The pixel tag allows us to record, for example, which web pages you have visited or advertisements you have clicked on.  These pixel tags work with cookies to let us know what portions of our System interest you, help us provide you with tailored information from our System, and help us enhance and develop our products and services.
• Social Media Widgets. Our System may include social media features such as the Facebook “Like” button and Twitter and LinkedIn widgets to let you share and interact with content on social media.  These features may collect your IP address, which page you are visiting on our System, and may set a cookie to enable the feature to function properly.  Your interactions with these features are governed by the privacy Statement of the company providing them.  We cannot control how these companies use your information.  By using these services you assume the risk that third parties may use the Personal Information you provide for any number of purposes.
• Analytics and Internet-Based Advertisers. We may also use Google Analytics and other vendors to collect information regarding visitor behavior and visitor demographics on some of our services and to remarket to audiences visiting the System and to develop content.  For more information about Google Analytics, please visit http://www.google.com/policies/privacy/partners/.  You can opt out of Google’s collection and processing of the data your use of the services generates by going to http://tools.google.com/dlpage/gaoptout.  We may have similar arrangements with internet-based advertisers that might display ads when you visit our System.  These companies may collect personal and other information about your visits to this and other sites to provide ads about products and services that might be of interest to you.  The privacy policies and practices of these third-party providers will govern their use and collection of this information.

We use these Web Technologies as follows:

• Strictly Necessary. We use Web Technologies that are strictly necessary to operate our System.  This includes Web Technologies that allow you to access our Website, services, applications, and tools that are required to identify irregular System behavior, prevent fraudulent activity and improve security; or that allow you to use shopping carts, saved search, or similar functions.  The System usually only set these cookies when you make a specific action, like setting privacy preferences, or logging into the System.  You can set your browser to block or alert you about these cookies, but some parts of the System may then not work.
• We may use Web Technologies to assess and improve the performance of our System, including to help us understand how our visitors use our System, determine if you have interacted with our messaging, or determine whether you have viewed an item or link.  All information these Web Technologies collect is aggregated and de-identified.
• We may use Web Technologies to deliver content, including ads relevant to your interests, on our System or on third-party sites.  This includes using Web Technologies to understand whether the advertising you see is useful, such as whether you have clicked on an advertisement.  We and our advertising partners may set these Web Technologies.  Our advertising partners may use these Web Technologies to build a profile of your interests and show you relevant advertisements on other websites.
• Social Media. Social media services set these Web Technologies to enable you to share our content with your friends and networks.  They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit.
• Opting Out of Technologies. If you would like to opt-out of the Web Technologies we employ on our System, you may block, delete, or disable them through your browser, as applicable.  The online advertising industry also provides websites you can use to opt out of receiving targeted ads from advertising partners that participate in self-regulatory programs.  You can access these and learn more about targeted advertising and consumer choice and privacy at http://www.aboutads.info/choices/, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices and http://www.networkadvertising.org/managing/opt_out.asp.  Alternatively, for some devices you may use your device’s platform controls to make choices about these Web Technologies.  Please note that you must separately opt out in each browser and on each device and that cookie-based opt-outs are not effective on mobile applications.

Other Rights and Important Information

• Third-Party Partners. The System may contain links to third-party websites or services, such as third-party integrations, co-branded services, or third-party branded services (“Third-Party Partners”).  Nicus does not own or control these Third-Party Partners and when you interact with them, you may be providing information directly to the Third-Party Partner, Nicus, or both.  These Third-Party Partners will have their own rules about the collection, use, and disclosure of information.  Some Third-Party Partners may choose to share their Personal Information with Nicus; that sharing is governed by that Third-Party Partner’s privacy Statement.  We encourage you to review the privacy policies of the other websites you visit.
• California Privacy Rights. California law permits Customers who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those third parties.  See the “How To Contact Us” section for where to send such requests.  We do not share Personal Information with third parties for their own direct marketing purposes without your prior consent.  Accordingly, you can prevent disclosure of your Personal Information to third parties for their direct marketing purposes by withholding consent.
• For EU Residents. Some of the countries where Nicus provides the System may not have the equivalent level of data protection laws as those in your location.  If we need to transfer personal data outside the European Economic Area (“EEA”), we will take steps to make sure your Personal Information is protected and safeguarded once it leaves the EEA.  In particular, we require third parties to whom we transfer your data to agree to abide by the Model Clauses approved by the European Commission and permitted under Article 46 of the GDPR.  If you would like to obtain the details of such safeguards, you can request them from via the “How to Contact Us” information at the bottom of this Statement.  In some limited circumstances, we may also transfer your information outside the EEA if the GDPR (under Article 49) allows this.  This includes where it is necessary for the performance of a contract between us and you and where the transfer is necessary in connection with legal proceedings.

Changes to Our Privacy Statement

We reserve the right to modify this Statement at any time.  If we make changes to this Statement, we will post the revised Statement on the System and update the “Last Updated” date at the top of this Statement.

How to Contact Us

If you have questions about this Statement, the Website, would like to opt out from certain services, or to exercise your rights, contact us at:

• Via email at info@nicus.com; or
• Via mail at Nicus Software, 130 Church Avenue, SW, Roanoke, VA 24011