At Nearly Labs our mission is to bring remote people together so they can be more connected and effective while maintaining their privacy. In pursuit of our mission, we collect and use some information from our users. Being transparent about our use of user information and respecting their privacy is incredibly important to Nearly Labs (“we,” “us” or “our”).

This Privacy Policy applies when you use our software products, content, and websites (e.g., www.nearlylabs.com) (collectively, “Services”). It describes the ways we use your information and your rights and choices concerning your information. For purposes of data protection laws, we are the “data controller” of your personal information. If you do not want us to collect, store, use, or share your information in the ways described in this Privacy Policy, you may choose not to use the Services.                                                                                                            


INFORMATION COLLECTION AND USE

When you request information from us through our website, you may provide personal data about yourself that may include your name, email address, and other information that can directly identify you individually (collectively, “Personal Information”). We also collect Personal Information if you provide it to us as part of our customer support services.

On our websites and in our applications, we and our business and advertising service providers use cookies and other similar technologies (e.g., beacons, pixel tags, clear gifs, and device identifiers) to recognize you and/or your device(s). We and our service providers use these technologies to collect and analyze certain kinds of technical information, which can include the following (and together with the IDFA, the “Anonymous Data”):

IP address;
the type of computer or mobile device you are using;
platform type (like Mac or Windows);
your operating system version;
your device’s identifiers, like your MAC Address;
application performance and debugging information;
your browser type and language;
referring and exit pages, and URLs;
the number of clicks on an app feature or web page;
the amount of time spent on an app feature or web page;
domain names;
landing pages;
pages viewed and the order of those pages.

We may also collect or receive information about you from other sources like third-party information providers. We use this information along with information you provide us directly to optimize the performance of our products.


INFORMATION SHARING

We will share your Personal Information only to our service providers who need to know that information to provide services to us, and then only under written agreements not allowing any further use of that Personal Information and only for the purposes for which you’ve provided it.  

For Anonymous Information, we share that with third-party companies who perform services on our behalf, like analytics, analysis, hosting services, customer service, and marketing optimization.

We do not rent, sell or share any Personal Information for any other purpose except as expressly agreed upon by you and in the following circumstances:

As necessary, to identify, investigate, prevent or take action regarding illegal activities or suspected fraud or other abuse of the Services;
To respond to judicial process and provide information to law enforcement agencies or in connection with an investigation, as permitted by law, or otherwise as required by law; and in the event that we go through a business transaction, such as a merger, an acquisition by another company, or a sale of all or a portion of our assets, your information may be one of the transferred assets.

By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information, including personal information, in and to the U.S. and other countries and territories, which may have different privacy laws from your country of residence.  


ACCESS

If you would like access to personal information that we have collected in order to correct, amend, or delete that information where it is inaccurate, or has been processed in violation of the Principles, please contact privacy@nearlylabs.com.  In order to process any corrections, amendments or deletions of personal information, you will need to provide sufficient identifying information as a security precaution. In addition, we may limit or deny access to personal information where providing such access would be unreasonably burdensome or expensive in the circumstances, or where the rights of persons other than the individual would be violated.


OPTIONS FOR LIMITING DISCLOSURE

We offer you a number of options and choices for limiting the use and disclosure of your personal data with regards to the data we collect:

Limit Ad Tracking. If you don’t want your IDFA (described above) to be collected for advertising, then on your iOS device “Settings,” you can turn on iOS’s “Limit Ad Tracking” feature. You will still see the same number of ads, but those ads will not be aligned with your interests.  

Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third party flash cookies used in connection with our services.  Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Nearly Labs website.

Promotional Communications. You may opt out of receiving promotional emails or messages from Nearly Labs by following the instructions in those emails or messages. If you opt out, we may still send you non-promotional communications, such as those about our ongoing business relationship.


CHILDREN

Services are not intended for children under the age of 13 (or under 16 for children located in the European Union) (collectively, “Children”). We seek to ensure that we do not collect information from children. Children are not permitted to use these Services, and we do not knowingly collect any personal information from Children. If we learn that we have inadvertently gathered personal information that is not subject to a COPPA exception from a Child, we will take reasonable measures to promptly remove that information from our records.


LINKS TO THIRD PARTY SITES

We may provide links and/or connections to third-party web sites or services from our websites. We are not responsible for the privacy practices or content of these third-party sites.


SECURITY

We take appropriate steps to ensure data privacy and security through various hardware and software methodologies.  All video streams are SSL encrypted and no audio or video content ever leaves your computer without your explicit consent.  However, we cannot ensure or warrant against all risks with regards to the security of that information, so information you choose to transmit to us and which we store is provided to us at your own risk and we do not guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our safeguards.


DO NOT TRACK

Currently, we do not respond to “Do Not Track” browser features, but we may do so in the future as industry standards evolve.


CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time. If we do, we will post the changes on our website at www.nearlylabs.com and update the last updated date of this Privacy Policy. Such modifications will become effective on the day they are posted, subject to any alternative requirements of the Privacy Shield Principles.

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PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Nearly Labs (“we,” “us,” or “our”) provides this Privacy Notice pursuant to the California Consumer Privacy Act (“CCPA”) to inform California residents of the categories of personal information we collect and the purposes of collection.

INFORMATION WE COLLECT

“Personal information” under the CCPA is 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 (“personal information”).

The following two categories of personal information are collected from our website and mobile applications:

• User Identification Information: Email address and full name, which we may collect if you submit a request to us; and
• Technical Information: such as device identifiers, and product usage.

If you don’t want any of your personal information to be collected Nearly Labs applications, then you must stop using Nearly Labs applications.

USE OF PERSONAL INFORMATION

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided. For example, if you contact us for help, we will use that information to respond to your request.
• To improve our website and apps and present its contents to you.
• For testing, research, analysis and product development.
• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA and our Privacy Policy.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

SHARING PERSONAL INFORMATION

We don’t share your personal information with anyone except as provided in our Privacy Policy.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

YOUR RIGHTS AND CHOICES

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.  

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Note that you may only make a verifiable consumer request for access or data portability twice within a 12-month period. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose:
• The categories of personal information that we’ve sold about you and the categories of third parties to whom the personal information was sold.
• The categories of personal information that we disclosed for a business purpose.  

For more information about how to provide you with an information request, email privacy@nearlylabs.com.

DELETION REQUEST RIGHTS

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.

As discussed above, if you want us to delete your data, you have to send us a verified request for us to do so to privacy@nearlylabs.com.  

Please note that the CCPA includes a number of exceptions that allow us to retain your personal data despite your deletion request, so we may retain your personal data under those exceptions.

VERIFICATION

If you’ve sent us a request through our website, we may be able to verify you via email.  However, if you’re a user of our applications, we may not have sufficient data to verify who you are since we don’t require you to provide us with any registration information, and we don’t actually collect the data ourselves.

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CONTACT US

If you have any questions or concerns about this Privacy Policy, please contact us via email at privacy@nearlylabs.com, or by mail at the following address:

Nearly Labs
Attn: Legal Department
450 Hayes Street, Suite 4F
San Francisco, CA 94102

Last Updated December 10, 2021