Privacy Policy

At Nextivity, Inc., we adhere to industry-standard procedures to ensure your privacy. 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”). Nextivity’s websites are general audience websites.

Personal information of all users of the Services is collected, used and disclosed by us as described in this policy statement. This policy statement 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. Gathering/tracking personal information

We collect personal information about you that you provide us. For example, some of the purposes for which we collect such information are: to register your Nextivity product; create and manage your account on our WavePortal website; provide feedback in our online surveys; request product information; and/or request contact from a Nextivity representative. In addition, 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. Nextivity collects and uses your personal information in connection with the Services, to deliver the products and services you have requested, and as explained in more detail below. In certain cases, we may share some of your personal information with third parties, but only as described below.

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); for example, 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]

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.

 

2. Sharing personal information

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 CEL-FI’s WavePortal, 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 WavePortal, 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 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 thereof. However, we never disclose aggregate information to a partner or third party in a manner that would identify you personally, as an individual.

We are based in the United States, which is where we process and store the information we collect from you. 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]

 

3. Agents

We employ other companies and people, including cloud computing services, to perform tasks on our behalf (such as customer support and maintenance) and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the personal information we share with them beyond what is necessary to assist us.

 

4. Business Transfers

We may choose to buy or sell assets, and 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 policy.

 

5. Protection of Nextivity and Others

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.

 

6. 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.

 

7. Additional information regarding privacy policy

If at any time you believe that Nextivity has not adhered to this privacy policy, or if you have questions regarding the policy or our methods of collecting and/or use of your personal information, please contact us. You may contact Nextivity via e-mail at [email protected], using the word “privacy” in the subject line.

This 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). Nextivity is not responsible for enforcing the privacy policies of such websites. Further, 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.

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: [email protected]

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 Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

 

8. European Union residents

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, 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 8, 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.

If there are any conflicts between this Section 8 and any other provision of this privacy policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this Section 8 or whether any of the following applies to you, please contact us at [email protected] 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.

 

How and with whom do we share your data?
We share Personal Data with 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
• Hosting service providers
• Operators

We also share Personal Data 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 Data 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.

Last, we share Personal Data with our affiliates or other members of our corporate family.

How long do we retain your Personal Data?
We retain Personal Data about you for five years after the purchase of one of our products. In some cases we retain Personal Data 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. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

What security measures do we use?
We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, access to all Personal Data is limited to individuals with a need to know and Personal Data is stored in an encrypted form.

Personal data of children
We do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at [email protected]

What rights do you have regarding your Personal Data?
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 (as indicated at the time of collection of such data), 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 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.

The Services are hosted and operated in the United States (“U.S.”) through Nextivity and its service providers, and 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 acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Nextivity in the U.S. and will be hosted on U.S. servers, and 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. pursuant to the Privacy Shield Principles set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU and Switzerland to the U.S.. Nextivity will apply the Privacy Shield Principles of (1) notice, (2) choice, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU and Switzerland in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). Nextivity’s compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. For more information about the Privacy Shield Program, and to view the Nextivity’s certification, please visit www.privacyshield.gov.

Nextivity complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Nextivity has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov.

Please contact us at [email protected] with any questions or concerns relating to our Privacy Shield Certification. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States. You can visit www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.

What if you have questions regarding your Personal Data?
If you have any questions about this Section 8 or our data practices generally, 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]

 

Updated July 5, 2018