Privacy Policy

Nextivity Privacy Policy

Effective Date: February 29, 2024

This Privacy Policy applies to data collection and usage on all Nextivity websites and related services (including, without limitation, any Nextivity mobile application) (collectively, the “Services”).

Personal information of all users of the Services is collected, used and disclosed by us as described in this Privacy Policy, including the following:

1. What personal information we collect and how we use it;
2. With whom we share your personal information;
3. Retention and security of your information;
4. How you can manage your personal information;
5. Your rights, choices and disclosures, including those for Europe and California;
6. Users outside the United States;
7. Scope of Privacy Policy and links to other sites;
8. Privacy Policy updates; and
9. Contact Information.

This Privacy Policy does not cover the treatment, collection, use or disclosure of personal information by companies that we don’t own or control, or people that we don’t manage.

1. Personal information we collect and how we use it

We collect personal information about you that you provide us. The personal information that may be gathered includes your name, telephone number(s), street address, mailing address and e-mail address. You may also be asked to furnish other information about yourself such as your job category, industry type, company name and job title, and/or the number of people in your company. Nextivity sells our products and services through distributors and resellers, and accordingly, we may receive your information from our distributors and resellers. If you create an account on our Services, we may ask for a username and password. In some cases, your email address may be your username.

When using your mobile device to visit, access or use the Service, then additional categories of information that we collect may include:

• Your name associated with your mobile device
• Your telephone number associated with your mobile device
• Your geolocation
• Your mobile device ID information

Nextivity collects and uses your personal information in connection with the Services to: deliver the products and services you have requested;  register your Nextivity product; create and manage your account on our Services; seek feedback in our online surveys; provide product information; respond to your inquiries; respond to  a request for contact from a Nextivity representative; provide or enhance the Services; provide customer support and maintenance; perform our contractual obligations; provide updates and other important information related to your activity on and with the Services; send you marketing communications; inform you of new services or changes in Services; fill employment positions; enter into contracts for services; fulfill legal obligations we have to governmental authorities or other third parties; and for other legitimate business purposes.

Please note that Nextivity may contact you about matters pertaining to your ownership of Nextivity products, or your interactive use of the company’s website(s) (e.g., access to download new product software releases). If you do not want to receive communications from us, please indicate your preference by sending an email to [email protected]

From time to time our interactions with you will be conducted over the telephone or video-conference, and such telephone calls and video conferences may be recorded.

If you inquire about a career at Nextivity through our website’s careers page, you will be asked to provide information about yourself, including contact information and your resume. We utilize a third-party provider to host our job applications and assist with the application process, and such provider has its own terms of use and privacy policies; and we encourage you to review those policies whenever you visit its website or interact with its platform. We will use the personal information of job applicants solely for employment evaluation purposes. Providing this information is completely voluntary. Please do not submit to us any sensitive personal information.

Whenever you interact with the Services, we automatically receive and record information from your browser or device, which may include your IP address, geolocation data, device identification, “cookies” information, the type of browser you’re using to access our Services, and the page or feature you requested.

We use Google Analytics which uses cookies to identify the frequency of use of certain areas of our website and to identify preferences. For more information regarding how Google collects, uses and shares your information, please visit www.google.com/policies/privacy/partners/. The information regarding your use of this website that is generated by the cookie is transferred to a Google server in the United States and stored there. Google will use this information to analyze your use of the Services, compile reports on activity for us, and perform further services associated with website use and Internet use. Google may also transmit this information to third parties where required by law or to the extent that third parties process these data on behalf of Google. You can deactivate Google Analytics using a browser add-on if you do not wish the analysis to take place. You can download the add-on here:  https://tools.google.com/dlpage/gaoptout?hl=en.

We operate social media pages on third party networks and have social media icons on our website. When you visit or link to our social media pages, data is processed both by us and the applicable social media provider. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers.  Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.

We do not knowingly collect or solicit personal information from anyone under the age of 18. If you are under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us personal information, please contact us at [email protected].

In certain cases, we may share some of your personal information with third parties as described below.

2. Sharing personal information

We share personal information with our vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:

• Staff augmentation and contract personnel
• Distributors and resellers
• Hosting service providers and other technology providers
• Telecommunications operators (as described below)
• Job hosting provider
• Professional advisors

We share personal information with our affiliates or other members of our corporate family.

We also share personal information when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:

• Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)
• Third party business partners who you access through the Services
• Other parties authorized by you

We also share personal information when we believe it is necessary to:

• Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
• Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
• Maintain the security of our products and services

We also share information with third parties when you give us consent to do so.

Telecommunications operators such as AT&T or T-Mobile (an “Operator”) may be required under applicable law (for example, 47 CFR 20.21(h) in the United States) to register users of a Nextivity Product. If, through the Services, you choose to (i) register your Nextivity Product with an Operator or (ii) create an account on  the Services, then we may disclose information you provide to us in connection with such registration or account creation or your geolocation information based on the use of your Nextivity Product to such Operator or its affiliates or the distributors or resellers through which you purchased a Nextivity Product (collectively, “Distributors”). For example, we may disclose your name, physical address, email address, phone number, fax number, geolocation of your Nextivity Product, and/or Nextivity Product device ID to such Operators. Also, if you purchased your Nextivity Product through an authorized Nextivity distributor (“Distributor”), then we may also share the foregoing information with such Distributor. We have no control over the policies and practices of Operators or Distributors as to privacy, their use or disclosure of your personal information, or anything else. So if you choose to register your Nextivity Product with an Operator or purchase your Nextivity Product through a Distributor, please review all of that Operator’s and/or Distributor’s relevant policies on privacy. For your information, and without limiting what an Operator or Distributor may do with your personal information, please recognize that Operators and Distributors may be required to disclose your personal information in accordance with applicable law. By submitting personal information to us in connection with the registration of a Nextivity Product or by creating an account on the Services, to the fullest extent permitted by applicable laws, you agree to hold Nextivity harmless against any disclosure, use, or security of such personal information by an Operator, Distributor or their agents.

We may choose to buy or sell assets, and we may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, personal information could be one of the assets transferred to or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your personal information as set forth in this Privacy Policy.

We are based in the United States, and accordingly we may process and store the information we collect from you in the United States. By providing your personal information to us in connection with the Services, you consent to the transfer to and the processing of such information in the United States. We will use the information you provide to monitor the operating conditions of your Nextivity product. If at any time you wish us to stop monitoring your Nextivity product, please contact us at [email protected].

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce our agreements; or protect the rights, property, or safety of Nextivity, our employees, our users, or others.

We may anonymize your personal information so that you are not individually identified and provide that information to our partners or other third parties. We may also use your personal information on an aggregated basis to improve our products, services, and offerings.

3. Retention and security of your personal information

We retain personal information about you for five years after the purchase of one of our products. In some cases we retain personal information for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Notwithstanding the foregoing, we may retain email addresses indefinitely, or for so long as permitted under applicable law, for purposes of marketing communications.

We seek to protect personal information using appropriate technical and organizational measures based on the type of personal information and applicable processing activity. For example, access to all personal information is limited to individuals with a need to know and personal information is stored in an encrypted form.

4. Managing personal information

You may contact Nextivity via e-mail at [email protected] and we will attempt to assist you to remove, review, or revise any or all personal information that you have previously provided to us.

You may opt out of receiving electronic marketing communications from us by clicking on the “unsubscribe” link on the communication or contacting us at [email protected]. Some non-marketing communications may not be subject to a general opt-out, such as communications about warranties and transactions, disclosures to comply with legal requirements, software updates and other support-related information.

You may be able to disable cookies through your browser settings, but if you delete or disable cookies, you may experience interruptions or limited functionality in certain areas of the Services.

5. Your rights, choices and disclosures

(a) General

This section is subject to specific disclosures on privacy rights set forth below. We are committed to facilitating the exercise of your rights granted by the laws of your jurisdiction, which may include the right to request the correction, modification or deletion of your personal information and the right to opt out of the sale or sharing of your personal information (as applicable). We will do our best to honor your requests subject to any legal and contractual obligations.  If you would like to make a request, cancel your account or request we delete or no longer use your account information to provide you Services, contact us at [email protected].

Section (b) below describes the rights of residents of California (or another state that has adopted laws substantially similar to those in California). Section (c) below describes the rights of those individuals located in the European Union, the United Kingdom or another jurisdiction that has adopted laws substantially similar to the European Union’s General Data Protection Regulation (GDPR).

Subject to local law, you may have additional rights under the laws of your jurisdiction regarding your personal information, such as the right to complain to your local data protection authority and the right to appeal our decision regarding a data access request.

(b)  California Disclosures

California Consumer Privacy Act Disclosures. If you are a resident of California (or another state that has adopted laws substantially similar to those in California under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”)), you have the right to request:

• The categories of personal information (including sensitive personal information if applicable) we have collected about you;
• The categories of sources from which the personal information is collected;
• The business or commercial purpose of collecting, selling or sharing personal information;
• The categories of third parties with whom we share or sell personal information;
• The categories of personal information about you that we have disclosed for business purposes; and
• The specific pieces of personal information we have collected about you.

Additionally, you have the right:

• to know the length of time we retain your personal information;
• to request deletion of your personal information;
• to request the correction of any inaccurate data;
• to opt out of the sale or sharing of your information (if applicable);
• to limit the use of sensitive personal information (if applicable); and
• to not be discriminated against for exercising any of your CCPA rights.

Please see the chart below regarding the categories of data we collect or receive from consumers in connection with providing our Services and to whom we may have disclosed the information for business purposes.

We do not sell or share personal information for monetary consideration under CCPA. Personal information may be provided to our service providers, contractors and, pursuant to Sections 1798.140(ad)(2)(A) and 1798.140(ah)(2)(A) of the CCPA, to third parties.

You may opt out of the use of Google Analytics Cookies by downloading the browser add-on here:  https://tools.google.com/dlpage/gaoptout?hl=en.

Our contact information is listed at the bottom of this Privacy Policy.  You may also submit a request on our website form located at the “Contact Us” page at https://nextivityinc.com/contact/. If you submit a data subject request, we may ask for your name, email address and phone number, and we will endeavor to authenticate your account. We may also require that you submit your request via the Services’ standard authentication procedures (i.e., log on with username and password to submit a request) and/or provide information about any historical transactions with the Services to ensure you are the person you say you are. If this information or these processes are insufficient to verify your identity and assess your privacy request, we may need to ask for additional information.  You may also designate an authorized agent to make a CCPA privacy request.

Any sensitive data we collect is used only for a business purpose and not for the purposes of inferring characteristics of a consumer.

California “Shine The Light” Information-Sharing Disclosure: Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: support@nextivityinccom with “Shine The Light Rights” in the subject line.

Do Not Track Disclosure: Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our website utilizes a tool designed to detect and honor Global Privacy Control signals from visitors to our website in a frictionless manner. The website will automatically opt the user out of certain cookies depending on how the user has set the signal.

(c) Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, Iceland, or another jurisdiction that has adopted laws substantially similar to the European Union’s General Data Protection Regulation (GDPR), you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this Section 5(c), we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Nextivity will be the controller of your Personal Data processed in connection with the Services.

Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

We rely on the following legal grounds to process your Personal Data:

Consent. Some uses of your Personal Data as described in this Privacy Policy are subject to your consent, such as marketing email communications.  To withdraw your consent, please contact us.  You may also refrain from providing, or withdraw, your consent for cookies via your browser and mobile settings.

Performance of a contract. We may need to collect and use your personal information to enter into a contract with you and to perform Services that you request.

Legitimate Interests. We may use your personal information for our legitimate interests to provide our Services and to improve our Services and the content contained thereon.  We may use technical information as described in this Privacy Policy and use personal information for our marketing purposes consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable law.

Compliance with Legal Obligations. We may use your personal information as necessary to comply with our legal obligations.

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email [email protected]. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

• Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
• Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
• Erasure: You can request that we erase some or all of your Personal Data from our systems.
• Withdrawal of Consent: If we are processing your Personal Data based on your consent, you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
• Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
• Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
• Restriction of Processing: You can ask us to restrict further processing of your Personal Data.

• Right not to be subject to an automated decision, including profiling. We do not make automated decisions using your Personal Data that may negatively impact you.

• Right to File Complaint: You have the right to lodge a complaint about Nextivity’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

6. Users Outside the United States

Nextivity is based in the United States, and accordingly we and our service providers may process and store the information we collect from you in the United States If you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you authorize Nextivity to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S.

7. Scope; Links to Other Sites

This Privacy Policy does not apply to Operators or other online or offline partner or affiliated sites, products or services that may be electronically linked to our company website(s) or to which our Services may link for your information or convenience, and our Services may contain links to other websites for your convenience or information.  These websites are operated by companies unaffiliated with Nextivity. Nextivity is not responsible for the content included on such websites, including but not limited to special offers, text, copy, photos, images and advertising claims, or names, and we are not responsible for the privacy practices of those websites.  Linked websites may have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit the websites.

8. Privacy Policy Changes

We may update this Privacy Policy from time to time and without prior notice to you to reflect changes in our information practices, and any such amendments shall apply to information already collected and to be collected. Your continued use of the Services after any changes to our Privacy Policy indicates your agreement with the terms of the revised Privacy Policy.  Please review this Privacy Policy periodically and especially before you provide personal information to us.  If we make material changes to this Privacy Policy, we will notify you here, by email or by means of a notice on our home page.  The date of the last update of the Privacy Policy is indicated at the top of this Privacy Policy.

9. Contact Information

If you have any questions about this Privacy Policy or our data practices generally, or if at any time you believe that Nextivity has not adhered to this Privacy Policy, please contact us using the following information:

Name: Chief Privacy Officer

Physical address: 16550 West Bernardo Dr, Ste 550, San Diego CA 92127, USA
Email address for contact: [email protected]