Last Updated: August 2016
Application of this policy
What is personal information
Collection of personal information
Should you choose to place an order for products or services, you will need to provide payment information such as credit card numbers, billing addresses and your IP address to our trusted third party service provider. Credit card information, including the card number, expiry date, and security code, is securely collected by our trusted third party service provider. Credit card data is not viewed nor retained by Nymi in any form.
Use of your personal information
You acknowledge and agree that Nymi may use personal information that you voluntarily disclose to us to:
Provide you with information about new products, services, newsletters, informative emails, and research on future product ideas or improvements, where you have agreed to receive such materials;
Provide you with special offers that may be of interest to you and to improve your experience on our Web sites or with our products and services;
Assist us in creating better products and services to meet your needs;
Allow you to purchase and download products, obtain access to services or otherwise engage in activities you select including but not limited to the Nymi Band product;
Provide you with technical support;
Help you quickly find software, services, or product information important to you;
Send transaction-related communications such as welcome letters and product/service order confirmations. Nymi may also send you surveys or marketing communications to inform you of new products or services or other information that may be of interest;
Restrict the availability of some of the products, services, and content to certain parts of the world, where required for legal reasons, by using your address, IP address, and other information in order to enforce those restrictions;
To carry out other purposes that are disclosed to you and to which you consent; and
To carry out any other purpose permitted or required by law.
You agree that you are under no obligation to provide us with this information and can access many aspects of our Web sites without providing us any personal information.
While using the Web site, you may have opportunities to post reviews or other personal information in public forums at your own discretion. Please understand that when you post such information, it is public and Nymi is not able to protect it from other persons who may view the public areas of our Web site. You should exercise caution when deciding to disclose any personal information in a publicly available forum such as the Web site and agree to release, indemnify, and hold harmless Nymi for any damages or claims resulting from any of your postings. Nymi is not obligated to monitor postings and at its discretion may remove any content submitted.
Disclosure of your personal information
Nymi may disclose your personal information with your prior consent;
Nymi may be required by law to disclose personal information without your knowledge or consent in the event of emergency situations or when required by government or other legal authority;
Nymi may also use, or disclose your personal information to third parties, if we have reason to believe that using or disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) identify, contact, or bring legal action against someone who may be violating an agreement they have with us; (iii) investigate security breaches or cooperate with government authorities pursuant to a legal matter or (iv) to protect our rights, safety or property; or
How to opt-out / withdraw consent
Subject to legal and contractual obligations where applicable, you can withdraw your consent for the use of your personal information you have provided to us, you should do so either through links provided in communications to you or by visiting forums.nymi.com and selecting ‘preferences’. You must be signed in to access your ‘preferences’.
Information may be retained by Nymi for audit or archival purposes or as required by applicable federal and provincial laws.
If you do not wish to receive marketing communications, you may follow the "unsubscribe" instructions included within each email communication or by selecting or deselecting (depending on the service) the appropriate option through links provided in communications to you. Please keep in mind that, even if you choose not to receive marketing communications, you may continue to receive transactional or account communications related to services or products that you have requested (e.g. purchase confirmation emails and receipts).
How long we keep personal information
Nymi maintains information about you for as long as we provide a product and/or service to you, and longer for related business activities. After information is no longer necessary for our business purposes, we destroy the information unless there is an outstanding request or order to preserve the information.
Safeguards we have in place
Nymi stores and processes your personal information on computers located in Canada and in the cloud internationally. Nymi employs reasonable physical, organizational, managerial and technical measures to help ensure that your personal information is secure. In addition, our dedicated team of information technology professionals works to maintain data accuracy and help prevent unauthorized access to sensitive information. Personal information may only be accessed by persons within our organization, or our third party service providers, who require such access to carry out the purposes indicated above.
Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your personal information and cannot assume liability for improper access to it. The Internet is not a secure medium and you acknowledge and agree that the privacy of your email communication and personal information can never be guaranteed as any email communication may be lost, intercepted or altered. By using our Web sites, or providing personal information to us through any means, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Web sites and our services.
Some or all of the personal information we collect may be stored or processed on servers located outside your jurisdiction of residence, including in the United States, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require the data processor in that country to maintain protections on the personal information.
This Web site, products and services are not intended for use by children, especially those under age 13. No one under age 13 is allowed to register for the products or services, provide any personally identifiable information or use our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, and elsewhere. Minors between the ages of 13 and 17 or 18, inclusive, must get the permission of their parent(s) or legal guardian(s) before making purchases, including subscriptions.
Accessing and correcting your personal information
You are responsible for updating and maintaining the truth and accuracy of the personal information you provide to us. If you want to update the personal information you have provided to us, you should do so either through links provided in communications to you or by visiting forums.nymi.com and selecting ‘preferences’. You must be signed in to access your ‘preferences’.
You can also ask to see your personal information or request a correction to it if you believe it is inaccurate. If you want to review, verify or correct your personal information, please contact our Privacy Officer using the contact information provided below. Please note that any such communication must be in writing. Generally, your information is kept at our corporate offices in Toronto, Canada (see address information below).
When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. If you require assistance in preparing your request, please contact the office of our Privacy Officer.
Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.
In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.
Collection of non-personal information
You acknowledge and agree that from time to time Nymi, its service providers and business partners may collect non-personal information from your use of our Web site and services such as server log files, environmental variables (such as computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, Internet browser version) and from scanning navigational data to collect non-personal information about our users in order to help us deliver better service and user experience. Such non-personal information could include the IP addresses or areas of site being clicked on most frequently.
Our Web sites are connected by "hyperlinks" to other websites. You acknowledge and agree that Nymi makes no representation, warranty, covenant, or claim regarding, and Nymi expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices on any third-party website or resource accessible by hyperlink from our Web sites. You agree that the inclusion of any such hyperlink does not suggest, represent, warrant, covenant or imply that Nymi monitors, endorses or exerts any control over such website or linked resource whatsoever. You agree that Nymi provides these hyperlinks to you only as a convenience, and the inclusion of any hyperlink does not suggest, represent, warrant, covenant or imply affiliation, endorsement or adoption by Nymi of any such website or linked resource whatsoever.
When you leave our Web sites, you acknowledge and agree that our terms and policies do not govern your access to, and use of, other websites. You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any website or linked resource to which you navigate from our Web sites.
Third Party Service Providers
Nymi may use one or more third party service providers as the payment processor for its products and services. When you choose to make a purchase or make a transaction, you disclose personal information to these third party service providers such as your name, email address and credit card information so that these third party service providers may process your transaction.
You acknowledge and agree that Nymi makes no representation, warranty, covenant, or claim regarding, and Nymi expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices in regard to any personal information you provide to any third party service provider directly or any other party in relation to purchasing a Nymi product or service.
You acknowledge and agree that our terms and policies do not govern any other party.
You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any third party to which you provide personal information.
Any Web site and/or products and services provided by Nymi are controlled and managed by us from Canada, and we do not intend that our services subject us to the laws or jurisdiction of any state, country or territory other than that of Canada. We do not represent or warrant that the Web site and/or products and services, or any part of the Web site and/or products and services, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Web site and/or products and services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Web site and/or products and services availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Inquiries or Concerns?
The contact information for our Privacy Officer is as follows:
Attention: Privacy Officer
Mailing Address: 82 Peter Street, Suite 500, Toronto, Ontario, M5V 2G5 Canada
Phone: 1 416 977 3042