THIS PRIVACY POLICY explains the collection and use of information when you interact with the Nirvana Float service system, or Nirvana Float .com (the “Site“, and collectively with Nirvana Float , the “Services“) created and provided by Nirvana Float, LLC, a Pennyslvania limited liability company (“Nirvana Float“, “us“, “our“, or “we“). We are committed to protecting the privacy of your information. This Privacy Policy is in all respects subject to the Nirvana Float Visitor Terms and Conditions.
Nirvana Float is committed to protecting your privacy. We encourage you to read this Privacy Policy in full, but here is a summary of key points:
- Your Personal Information will never be sold to a third party or shared for cross-contextual behavioral advertising purposes.
- Your use of the text messaging feature on the Services is entirely optional. You can unsubscribe from text messages by replying STOP or UNSUBSCRIBE to any messages you received via the Services.
- The Services are for adults, not children. If we discover we have collected a child’s information without parent or guardian permission, we will delete that information.
- If you provide Personal Information about someone else, you are warranting that you have that person’s consent to provide their information for the purpose specified.
- You can exercise your right to delete your Personal Information or otherwise and control your privacy as described in Section 11.
- By using the Services in any way, you consent to the privacy practices described in this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the Services.
1. About This Privacy Policy
A Nirvana Float “Subscriber” is the business or entity that purchased a subscription for the Services and entered into the Software Service Agreement. A “Visitor” is the business or individual considering, scheduling, and purchasing products and services from the Subscriber. Subscribers, Visitors, and other users of the Site are collectively referred to as “user” or “you“.
This Policy will serve as a default Privacy Policy for those Subscribers without their own Privacy Policy, but please be aware that you may be subject to the additional terms of any privacy policy that you may have with individual Subscribers. Subscribers’ Collected Information (as defined below) can be viewed by anyone logged onto the Subscriber’s account.
2. Personal Information on the Services
As used in this Privacy Policy, “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information falls within certain categories, for example:
- Identifiers (e.g., name, email, telephone number, address, username);
- Sensitive Personal Information (e.g., government identification number; precise geolocation; racial or ethnic origin; religious beliefs; health information; contents of messages when we are not the recipient; in some cases, information about a known child);
- Legally protected information (e.g., race, citizenship, marital status, sex);
- Employment-related information (e.g., current or past employment);
- Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99);
- Biometrics (e.g., DNA, face/voice prints, health data) and audio, electronic, visual, thermal, or olfactory information;
- Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
- Internet or other similar activity (e.g., browsing history; content interactions); and
- Inferences drawn from Personal Information to create a profile about preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, and aptitudes.
Some information about you is not protected by law as Personal Information, for example publicly available information, aggregated information (meaning data summaries or reports with Personal Information removed), and anonymized information that cannot be linked back to an individual are often exempt categories of data from privacy protections.
3. Collected Information
When you use the Services, we may collect certain information directly from you with your consent or automatically or passively from your browser or device when you interact with the Services or from third parties to achieve our legitimate interest. We collect Personal Information as a service provider or processor on behalf of the businesses that use our platform. We may also process Personal Information as permitted or required by applicable law. We only collect, use, retain, and disclose Personal Information as is adequate and relevant to the specific, express purposes described below or as reasonably necessary and proportionate to facilitate your use of the Services.
Collected Information
All information collected while within the Services shall be referred to as “Collected Information“. Over the last 12 months, we have collected the following categories of Collected Information: identifiers, commercial history, internet and similar information.
Your Appointments and Other Use of Services. To use the Services, we collect identifiers to register your account and login. When you use the Services to make an appointment or use other functionality, we collect your contact information (including wireless number), appointment details, and other Personal Information you include in your appointment booking. We collect this information with your consent and we use it to book your appointment with the Subscriber, remind you of appointments, and otherwise facilitate your use of the Services.
Purchases. When you make purchases on the Services, we collect information related to your commercial history, as well as your identifiers and other information necessary to fulfill your order. We collect this information with your consent and we use it to facilitate the fulfillment of your order via the Services. All payments are processed through our third-party PCI-DSS compliant payment processor. Nirvana Float does not process any payment information.
Health Data. If a Subscriber operates in the healthcare industry, the Subscriber may use the Services to collect health data from its Visitors. As such, Nirvana Float may have access to, collect, or process health data when providing the Services to those Subscribers. Nirvana Float never shares health data with any third parties that are not our contracted service providers. Nirvana Float does not provide the Services under HIPAA, and it is the Subscriber’s responsibility to use the Services in a manner that complies with HIPAA requirements. Please contact the Subscriber if you have questions about your health data privacy.
Cookie Data. When you create or sign into your account to use the Services, we use certain tracking technologies, such as cookies, to store your sign-in information. See our Cookie Notice for details.
Technical Data. We may use automated technologies to collect technical data, some of which is Personal Information, about your interactions with the Services. For example, we may automatically collect standard web log entries for each page served, including your IP address, page URL, browser type, and language, access times, referring website addresses, or your content interactions on the Services. We collect this information to achieve our legitimate interest of tracking use of the Services and providing and improving our Services.
Other Information. Many electronic devices track real-time location-based information. Some files you share may be embedded with this location information. If you do not wish to share this information, do not upload those embedded files and/or turn off that feature on your camera, or other device.
Site Information
All information collected from your access to and use of the Site is referred to as “Site Information“. Over the last 12 months, we have collected the following categories of Collected Information: identifiers, commercial history, and internet and similar activity.
Information that you Provide. If you request information about our Services, submit an inquiry, or otherwise contact or interact with us through the Site, we will collect your contact information and other identifiers as necessary to respond to your inquiry. If you opt in for marketing communications, we may send you marketing emails and other information about our services. We collect this information with your consent, and we use it for the purpose stated at the time of collection or otherwise as you consent.
Commercial History. If you browse our website to research the Services or consider a purchase, we will collect technical information related to your commercial history. We collect this information for our legitimate interest of providing and improving the Services and to inform our marketing campaign development process.
Device, Usage, and Location Data. When you access the Site, we may automatically collect standard web log entries for each page served, including your IP address, page URL, browser type, and language, access times, referring website addresses, information you search on the Site, date and timestamps associated with Site access and usage, system configuration information, metadata concerning the files that you upload/download, and other interactions with the Site and/or Services. Some of our products may store data locally on your computer (preferences, connection settings, image metadata). Our products contact our servers as part of the activation and deactivation processes, and information entered into the registration dialog is logged on our licensing server, including computer identifying information and the IP address information. Checking for updates to our Services also sends computer identifying information and the information you entered into the registration dialog.
4. Other Ways Nirvana Float May Use Personal Information
Operation of Services and our Business. In addition to the uses described in Section 3, we may use Personal Information to (i) improve the quality of our Services; (ii) diagnose problems with the Services; (iii) better understand the needs and interests of our users; or (iv) for any purpose with your consent. Additionally, in the event Nirvana Float sells or transfers some or all of its assets, the information it collects may be disclosed to, and your personally identifiable information may be among those assets transferred.
Communication with you. We may use your information to communicate with you according to your privacy preferences, such as for sending confirmation emails, authenticating your purchases, and for marketing our Services to you. We distribute a newsletter via the email address you provide to us. If you no longer wish to receive this newsletter from us, you may “unsubscribe” by following the instructions in the email.
Security Compliance. We use information to monitor and analyze use of the Services, to reduce fraud, software piracy, and protect our users and customers, and verify a username and administer your use of the Services.
5. Retaining Personal Information
We only retain Personal Information as necessary to provide the Services or achieve our business goals. If you are a Visitor, we will retain your Personal Information while your account remains current or until you request that we delete it. Cookie data may be retained for as little as a few minutes or as long as 26 months. Other types of data are retained and deleted according to company policy. We securely delete data at the conclusion of the applicable retention period. We reserve the right to retain data for longer periods as required by law or court order or if doing so is critical to our business.
6. Disclosures of Personal Information
Nirvana Float will only disclose Personal Information to third parties as described in this section, with your permission, or as required by law. In the preceding 12 months, we have disclosed Personal Information for a business purpose to the following third parties:
Service Providers. We work with third-party service providers (“Service Providers”) that support our provision of the Services and may have access to Personal Information as needed to fulfill their obligations to us. For example, Nirvana Float may share Collected Information with our Service Providers (as defined below) for such legitimate purposes as: (a) contacting users who have provided contact information on our behalf; or (b) providing and monitoring the Service to ensure the quality of information provided through diagnostics. We prohibit our service providers from selling or disclosing the Personal Information we provide, and we require all service providers to maintain confidentiality standards and appropriate technical and organizational measures to ensure the security of your Personal Information. Nirvana Float works with the following Service Providers:
- Expert Texting for text messaging and automated voice communication features.
- MailChimp for email communications.
- GoDaddy for hosting.
- NewRelic for analytics about our server performance.
- Authorize.Net and Stripe for our Credit Card processing.
Other third parties, as permitted by applicable law, for example: if we go through a business transition (e.g., merger, acquisition, or sale of a portion of our assets); to comply with a legal requirement or a court order; when we believe it is appropriate in order to take action regarding illegal activities or prevent fraud or harm to any person; to exercise or defend our legal claims; or for any other reason with your consent.
Law enforcement, and other governmental agencies, as permitted or required by law.
Aggregate Data and Deidentified Information. Nirvana Float may use or disclose aggregate data or de-identified information without limitation.
7. Visitors’ Collected Information
Nirvana Float collects information from Visitors as a service provider to our Subscribers. This means we collect Personal Information according to the Subscriber’s instructions and we have no direct relationship with any Visitor. If you are a Visitor, please contact the Subscriber directly if you have any questions about your Personal Information or privacy matters.
8. Public Forums and Subscriber Testimonials
We may provide bulletin boards, blogs, or chat rooms on the Site. Any personal information (“Posts“) users choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send users unsolicited messages. Nirvana Float is not responsible for any Posts you choose to submit in these forums. To request removal of your Posts from our blog or community forum, contact us at: support@nirvanafloat.com.
Nirvana Float posts a list of Subscribers and testimonials on the Site that contain information such as Subscribers’ names and titles. Nirvana Float obtains the consent of each Subscriber prior to posting any information on such a list or posting testimonials.
9. Children’s Privacy
The Services are intended for use by adults, not children. No individual under the age of 18 should attempt to use the Services or provide any Personal Information to Nirvana Float without parent or guardian consent. If we learn we have collected or received Personal Information from a child under 18, we will delete that information.
10. Controlling Your Personal Information on the Services
The Services include features and options that allow you to directly control your Personal Information, as follows:
Your Account. You have the option to access, correct or update, or delete certain Personal Information by logging into your account and making those changes.
SMS/Texting. If you provide us with your wireless phone number, you consent to Nirvana Float sending you appointment reminders and other informational or service text messages via the Services. We will only send you marketing text messages if you opt-in to receive these notifications from us. For all text messages, the number of texts you receive will depend on how you use the Services. You can unsubscribe from our text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.
Emails. We may send you informational or support emails related to your use of the Services. Depending on your communication preferences, we may also send you marketing emails. If you do not wish to receive emails from us, you can unsubscribe or change your preferences via the links provided in the emails or send a request to support@nirvanafloat.com. Note that if you opt-out of marketing communications, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
Your Device. You can control the data we collect through cookies and related technologies by adjusting your device settings or your cookie preferences on the Site.
Opt-Out of Interest Based Ads. You may limit our use of information collected from or about your mobile device for purposes of serving online behavioral advertising to you by going to your device settings and selecting “Limit Ad Tracking” (for iOS devices) or “Opt-Out of Interest-Based Ads” (for Android devices).
Block Location Tracking. You can stop all collection of information by an app by uninstalling it. You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. You can stop all collection of precise location data through an app by uninstalling the app or withdrawing your consent through your device settings.
Do Not Track. Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser “do-not-track” requests.
11. Notice of Privacy Rights
Depending on where you live or are located, the law may entitle you to certain rights over your Personal Information. In the United States, consumer privacy is governed by federal privacy laws covering specific industries or data uses and state privacy laws applicable in California, Colorado, Connecticut, Iowa, Nevada, Utah, Virginia, and other states that require companies to inform consumers about their privacy rights and provide a method to exercise those rights. For users outside of the United States, this Privacy Policy meets the requirements under Australian and Canadian notice requirements as well as a notice of rights under the General Data Protection Regulation governing the European Economic Area and the United Kingdom, respectively.
This section provides a courtesy list of privacy rights that may be available to you. We will facilitate the exercise of your privacy rights as described in this section. Some of these laws may not apply to Nirvana Float or the Services, in which case these notices are offered as a courtesy.
Right to Know and Expect. You have the right to know how we process your Personal Information and the right to expect that we will process it accordingly. We have set the required notices in this Privacy Policy. We may provide you with additional notices about other ways we process your Personal Information by sending you a notice via email or by another method. If you have questions or concerns you can contact us any time at support@nirvanafloat.com.
Right to Correct. You may request that we correct inaccurate Personal Information about you on our systems. If you become aware that the Personal Information that we hold about you is incorrect, or if your information changes, please inform us and we will update our records.
Right to Deletion. You may have the right to request that we delete the Personal Information about you that we collected and retained, with certain exceptions. We may permanently delete, de-identify, or aggregate the Personal Information in response to a request for deletion.
Right to Access and Data Portability. You may have the right to request confirmation that we have collected Personal Information about you and that we provide you with access to that Personal Information. If you submit an access request, we will provide you with copies of the requested pieces of Personal Information in a portable and readily usable format, as well as details about the types of Personal Information we process, why we process it, and any third parties we work with to collect Personal Information on our behalf. Please note that Nirvana Float may be prohibited by law from disclosing certain pieces of Personal Information, and we may be limited in the number or frequency of requests we must fulfill.
Right to Disclosure. You may request that we disclose information to you about our collection and use of your Personal Information, such as: (i) the categories of Personal Information we have collected about you; (ii) the categories of sources for the Personal Information we have collected about you; (iii) our business purpose for collecting, using, processing, sharing or selling that Personal Information, as applicable; (iv) the categories of third parties with whom we share that Personal Information; and (v) if we sold or shared your Personal Information under the CCPA, two separate lists stating: (a) sales or sharing, identifying the Personal Information categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. Certain laws may limit the number or frequency of requests we must fulfill.
Limited Use and Disclosure of Sensitive Personal Information. You have the right to opt-out or limit our use of your sensitive Personal Information. Nirvana Float does not intend to collect or receive Personal Information about you that qualifies as sensitive Personal Information under privacy laws. In no case will we disclose any sensitive Personal Information for the purpose of inferring characteristics about you or otherwise use your sensitive Personal Information without your consent. If this ever changes in the future, we will update this Privacy Notice and provide you with methods to opt-out or limit our use and disclosure of sensitive Personal Information.
No Selling or Sharing Personal Information. Some states entitle Consumers to opt-out of the sale or sharing of Personal Information or targeted advertising practices. Nirvana Float does not sell your Personal Information or share your Personal Information with third parties for cross-contextual behavioral advertising purposes. If this changes in the future, we will update this Privacy Notice and provide you with a method to opt-out.
No Profiling or Automated Decision-Making. You have the right to opt out of automated profiling or automated decision-making. Nirvana Float does not use automated decision-making or process your Personal Information to evaluate, analyze, or predict your interests and preferences or otherwise use automated profiling to produce significant effects that concern you. If this changes in the future, we will update this Privacy Notice and provide you with a method to opt-out.
Right to Restrict or Object to Processing. You can request that we restrict the processing of your Personal Information if the data is inaccurate, the processing is unlawful, we no longer need the Personal Information, or you exercise your right to object.
Right to Nondiscrimination. We will not discriminate against you for exercising your privacy rights. For example, unless permitted by law we will not: (i) deny you goods or services; (ii) charge you different prices or rates for goods or services; (iii) provide you a different level or quality of goods or services; (iv) retaliate against you as an employee, applicant for employment, or independent contractor for exercising your privacy rights; or (v) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under applicable privacy laws.
Health Data Rights. Some state laws entitle consumers to certain details about health data collected about them, including (i) confirmation of whether the entity collects, shares, or sells the consumer’s health data and access that data, including a list of all third parties and affiliates with whom the entity has shared or sold the health data and a method to contact those third parties, (ii) a method to withdraw consent related to use of health data, and (iii) the right to have their health data be deleted. Please contact the Client to exercise your health data rights.
12. Consent to Cross-Border Data Transfers
Nirvana Float is owned and operated in the United States. If you access the Services from outside the United States, please be aware that your Personal Information may be transferred to, processed, stored, and used in the United States or other jurisdictions. When your information is moved from your home country to another country, the laws and rules that protect your Personal Information in the country to which your information is transferred may be different from those of the country where you live. For example, if your information is in the United States, it may be accessed by government authorities under United States law. We are committed to transferring data in compliance with applicable legal standards. However, we do not warrant that our Services are appropriate or authorized for use in any other jurisdictions. Each Subscriber is solely responsible for determining whether its use of the Services, including collection and processing of the Subscriber’s user data, complies with applicable laws. By allowing us to collect Personal Information about you, you consent to the transfer and processing of your Personal Information as described in this section.
13. Security
Nirvana Float has implemented and maintains reasonable security measures to secure your Personal Information from accidental loss and unauthorized access, use, alteration, and disclosure. When users log in to the Services using the latest version of Internet Explorer, Firefox, or Safari, Secure Socket Layer (SSL) technology protects Collected Information using both server authentication and data encryption. These technologies help provide safety and security for Collected Information and help to restrict its availability to the user to whom the information belongs and those to whom the user has granted access. Nirvana Float hosts its websites in a secure server environment that uses reasonable technology designed to prevent interference or access from outside intruders. Our security measures are appropriate to the volume, scope, and nature of the Personal Information processed and designed to meet our duty of care with respect to your Personal Information. Nevertheless, given the possibility of the unlawful interception of information, we cannot guarantee, and you should not expect that your information you provide to us will always remain private or secure. Should you suspect any misuse, loss of, or unauthorized access to your Personal Information, you should contact us immediately.
14. Third-Party Websites
Nirvana Float may also provide links to third-party websites, or you may wish to authorize us to connect with different online services to perform actions on your behalf. Please be aware that we have no control over third-party websites or services. Any use of third-party websites or services through our Services are for your convenience only and it is your responsibility to be aware of and comply with the various terms of use and privacy policies of such third parties.
15. Complaints and Disputes
If you have a complaint about our handling of your personal information, please let us know about the complaint and we will attempt to resolve the issue. If we are unable to resolve the issue to your satisfaction and you feel that your rights under the GDPR or applicable law have been infringed, you have the right to seek a judicial remedy. If we become aware of any unauthorized access to your Personal Information, we will inform you at the earliest practical opportunity once we have established what was accessed and how it was accessed.
16. Changes to this Privacy Statement
Please note this Privacy Policy may change from time to time. We will post any changes to the Site, and we strongly encourage you to periodically review this Privacy Policy, most importantly, before you provide us with any personal information. Your continued use of the Services after any changes to this Privacy Policy constitutes your acceptance of the revised Privacy Policy. If you do not agree to the changes, please do not continue using the Services.