Privacy Policy
This Privacy Policy ("Policy") describes the ways that Nucrew, LLC, our licensees and assignees (referred to in this Policy as "Company", "us", "we" or "our") collect, store, use, and manage the information, including personal information, that you ("you", "your" or "user") provide or we collect in connection with the website www.nucrew.com (the "Site") or any Company services provided on a mobile platform (ex. iOS and Android) (collectively, the "Service").
Company reserves the right to revise this Policy in its sole discretion at any time and without prior notice to you other than by posting the revised Policy on the Site. Any revisions to the Policy are effective upon posting. The Policy will be identified as of the most recent date of revision. It is incumbent upon you to visit this page periodically to ensure your continued acceptance of this Policy. Your continued use of the Site or Services after a revised version of this Policy has been posted by Company to the Site constitutes your binding acceptance of such revision and the revised Policy. Notwithstanding the preceding sentences of this paragraph, no revisions to this Policy will apply to any dispute between you and Company that arose prior to the date of such revision.
Company is not responsible for the actions of third parties or companies, the content of their sites, the use of information you provide to them, or any products or services they may offer. Any link to those sites does not constitute our sponsorship of, or affiliation with, those people or companies.
BY ENTERING THE SITE OR USING ANY SERVICE YOU AGREE TO THE TERMS OF THIS POLICY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE THIS SITE OR SERVICE.
1. INFORMATION COLLECTION AND STORAGE.
Company collects information as described below. Company’s primary goals in collecting and using information is to create your account, provide Services to you, improve our Service, contact you, conduct research and create reports for internal use. We may store information on servers and equipment in the United States or in other countries.
2. COMPANY’S SITE.
While you are browsing Company's Site, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language and referring Web site addresses may be logged automatically. We may use this information to monitor, develop and analyze your use of the Service. In addition, we may ask you to submit and we may process data that is personal to you, including but not limited to your name, profile photo, gender, age or birthday, links to your profiles on social networking websites and other third party sites, user names and e-mail and mail addresses. We may use this information to create a user profile and provide you services. We may use your email address to contact you about your experience with Company Site and notify you about company news and promotions. Your gender and birthday may be used to analyze user trends and target certain promotions. Your mail address may be used if we have merchandise or other physical promotional materials that we want to send to you. If you no longer wish to receive these types of promotional materials, you may opt-out from receiving them at any time by emailing us at support@nucrew.com.
3. SOCIAL MEDIA.
Our Site may include social media features, such as the Facebook Like button. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.
4. MOBILE PLATFORMS.
When you use any of the Services on the Company website or applications on a mobile platform, we may collect and record certain information such as your unique device ID (persistent / non-persistent), hardware type, media access control ("MAC") address, international mobile equipment identity ("IMEI"), the version of your operating system ("OS"), your device name, your email address, and your location (based on your IP address). This information is useful to us for troubleshooting and helps us understand usage trends. We may collect your location-based information for the purpose of providing you with the correct version of the application. If you no longer wish to allow us to track or use this information, you may turn it off at the device level. Please note, the application may not work properly if we are unable to tell where you are coming from (country specific). In addition, we create a unique user ID to track your use of our Service. This unique user ID is stored in connection with your profile information to track the Company Services you are using.
5. CUSTOMER SERVICE.
We may collect your email address when you contact our customer service group and we may use that email address to contact you about your user experience with Company and notify you about company news and promotions. If you no longer wish to receive certain email notifications you may opt-out at any time by following the unsubscribe link located at the bottom of each communication or by emailing us at support@nucrew.com.
6. PUSH NOTIFICATIONS.
We may occasionally send you push notifications through our mobile applications to send you updates and other service related notifications that may be of importance to you. You may opt-out from receiving these types of communications by turning them off at the device level through your settings.
7. DATA COLLECTION.
Whenever you use our Services, we collect data about all of your interactions with the other Users. This information may be associated with your User ID, IP address or device ID for the purpose of providing you our Services and improving them. This data is stored within our servers.
8. OTHER COLLECTION.
We may also acquire information from you through (1) your access and participation in message boards on the Service, (2) your participation in surveys regarding the Service or (3) your participation in rating other Users through the Service. We may provide you the opportunity to participate in a contest through our Service. If you participate, we will request certain personal information from you. Participation in these contests are voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). We use this information to notify winners and award prizes, to monitor traffic or personalize the Service. We may use a third party service provider to conduct these contests; that company is prohibited from using your users’ personal information for any other purpose.
9. COOKIES.
We may use and authorize third parties to use certain technologies such as cookies, beacons, scripts, and tags to identify a user’s computer/device, your preferences or a user name and password. Information contained in a cookie may be linked to your personal information, such as your user ID, for purposes such as improving the quality of our Services, tailoring recommendations to your interests, and making the Service easier to use. You may disable cookies at any time, although you may not be able to access or use features of the Service. We may feature advertisements served by third parties that deliver cookies to your computer/device so the content you access and advertisements you see can be tracked. Since the third party advertising companies associate your computer/device with a number, they will be able to recognize your computer/device each time they send you an advertisement. These advertisers may use information about your visits to our Service and third party sites and applications in order to measure advertisement performance and to provide advertisements about goods and services of interest to you. This Policy does not apply to, and we are not responsible for the data collection practices of these third party advertisers, and we encourage you to check their privacy policies to learn more about their use of cookies and other technology.
10. MOBILE ANALYTICS.
We may use mobile analytics software to allow us to better understand the functionality of our mobile software on your device. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personal information you submit within the mobile application.
11. THIRD PARTY SERVICES.
Our services may contain third party tracking tools from our service providers, examples of which include Google Analytics and MobileAppTracking by Tune. Such third parties may use cookies, APIs, and SDKs in our services to enable them to collect and analyze user information on our behalf. The third parties may have access to information such as your device identifier, MAC address, IMEI, locale (specific location where a given language is spoken), geo-location information, and IP address for the purpose of providing their services under their respective privacy policies. Our privacy policy does not cover the use of tracking tools from third parties. We do not have access or control over these third parties.
12. AD NETWORKS.
We may feature advertising within our Service. The advertisers may collect and use information about you, such as your Service session activity, device identifier, MAC address, IMEI, geo-location information and IP address. They may use this information to provide advertisements of interest to you.
13. USE OF YOUR INFORMATION.
We use information collected through our Service for purposes described in this Policy or disclosed to you in connection with our Service. We may use your information as described in this Policy and to: create User accounts and allow Users to communicate with each other; identify and suggest connections with other Company Users; operate and improve our Service; understand you and your preferences to enhance your experience and enjoyment using our Service; respond to your comments and questions and provide customer service; provide and deliver products and services you request; send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages; communicate with you about promotions, rewards, upcoming events, and other news about products and services offered by Company and our selected partners; enable you to communicate with other users; and link or combine it with other information we get from third parties, to help understand your preferences and provide you with better services.
14. DISCLOSURE OF YOUR INFORMATION.
In addition to the specifics described in this Policy, Company may share your information: if you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies; if Company may engage other companies and individuals to perform services on our behalf; as permitted by law, such as to comply with a subpoena, which includes exchanging information with other companies and organizations for fraud protection; in connection with any merger, sale of our assets, or a financing or acquisition of all or a portion of our business to another company; or we may share aggregate or anonymous information about you with advertisers, publishers, business partners, sponsors, and other third parties.
15. SECURITY.
Company takes reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties. Although we make good faith efforts to store the information collected on the Service in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
16. DATA RETENTION.
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
17. OUR POLICY REGARDING CHILDREN.
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use our Service. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any personal information. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at support@nucrew.com.
18. INTERNATIONAL TRANSFER.
We may transfer information that we collect about you to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that these countries and jurisdictions may not have the same data protection laws as your own jurisdiction, and you consent to the transfer of information to the U.S. and the use and disclosure of information about you, including personal information, as described in this Policy.
19. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY AND ITS EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTIES RESPONSIBLE FOR THE CREATION, MAINTENANCE AND UPKEEP OF THE SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OF THIS SITE OR ANY COMPUTER VIRUSES ON YOUR COMPUTER OR ELECTRONIC DEVICES. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
20. INDEMNIFICATION.
You will indemnify and hold Company and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any portion of this Policy. If you have to indemnify Company under this Section, Company will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Company's express written permission.
21. ASSIGNMENT.
Company has the right, at its election, to assign this Policy or any of its rights hereunder, or delegate any of its obligations hereunder in whole or in part, to any person, firm, or corporation. You will not have the right to assign or transfer any rights hereunder.
22. ARBITRATION.
If a dispute arises from or relates to this Policy, your use of the Company Site or Services or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree that any such unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds one hundred thousand dollars ($100,000), in which case the dispute shall be heard by a panel of three (3) arbitrators. The place of arbitration shall be in the city, county and state of New York. The arbitration shall be governed by the laws of the State of New York. The prevailing party shall be entitled to an award of reasonable attorney fees, if awarded by the arbitrator(s).
Notwithstanding the foregoing, if a third party claim is brought against either party for copyright infringement, violation of rights of publicity, rights of privacy, or other unauthorized use of content which is contrary to the rights granted in this Policy, the parties shall not be bound by this arbitration provision and may defend themselves and make a claim against the other party in the appropriate court of law and/or equity.
In the event of a dispute arising out of this Policy and not subject to the arbitration provision above, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees.
23. GOVERNING LAW.
This Policy shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. The parties to this Policy agree that any claim or dispute arising under this Policy must be resolved by a court located in the city, county and state of New York, except as otherwise agreed by the parties or as described in the Arbitration provision above. The parties agree to submit to the personal jurisdiction of the courts located within city, county and state of New York for the purpose of litigating all such claims or disputes.
24. CONSENT AND CHANGES.
Your use of this Site or Services shall be deemed express approval of all terms of this Policy. If you do not consent to this Policy or any of the above terms, please immediately exit and discontinue use of the Site and Services. Company has the discretion to update this Policy at any time. In the event this Policy is updated, we will also update the date set forth below. Please check this page regularly to keep informed of any such updates.
YOUR CONTINUED USE OF THE SITE OR SERVICES SHALL BE DEEMED ACCEPTANCE OF THIS POLICY AND ANY CHANGES THERETO.
25. MISCELLANEOUS.
This Policy contains the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes and replaces all prior negotiations or proposed agreements, written or oral. The undersigned acknowledge that no other party, nor agent or attorney of any other party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the undersigned to execute this Policy, and acknowledge that the undersigned have not executed this Policy in reliance upon such promise, representation or warranty not contained herein. You may be subject to additional Policy that may apply when you use affiliate services, third-party content or third-party software. Every provision herein is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable.
26. CONTACT.
If you have any questions about this Policy, the practices of Company, or your dealings with this Site or Services, please contact us at support@nucrew.com.