Privacy Notice

At Nectir, Inc. (“Nectir,” “we,” “us,” “our”), we know you care about how your personal information is used and shared, and we take protecting the privacy of our users very seriously. This Privacy Notice explains how your personal information is collected, used and disclosed by Nectir when you visit or use our website, https://www.nectir.io/ (our “Website”), and our related software and online or mobile services provided on or in connection with our Website (collectively, our “Service”). By accessing or using our Service, you signify that you have read and understood our collection, storage, use and disclosure of your personal information as described in this Privacy Notice. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions. 

All capitalized terms that are not defined in this Privacy Notice have the meaning given to them in the Terms of Service. 

Students: If you are a student who uses the Nectir Service through your affiliation with your college or university (“Student”), please refer to Section 6 to learn more about how Nectir protects the privacy of Students. 

1. PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT

We collect personal information in connection with your visits to and use of the Service. This collection includes information that you provide in connection with the Service, information from third parties, and information that is collected automatically such as through the use of cookies and other technologies. 

Information that You Provide 

We collect personal information from you. The categories of information we collect can include: 

• Account and profile information: We collect personal information when you when you create a registered user account, sign up for our mailing list, purchase or register a product, or otherwise communicate with us. The personal information we collect during account registration may depend on your account type but could include name, phone number, date of birth, email address, mailing address and other contact information. We also collect additional information if you provide it in your profile, which could include the name of your college or university (name, city, state), graduation year, photo, and social media handle(s). If a user enrolls for the Service using a Student Account, we may request additional pieces of personal information to verify your eligibility for the Service, such as by verifying your enrollment status in a college or university. ‍
• Communications and payment: We collect personal information when you sign up for our mailing list or otherwise communicate with us, including by contacting us in person (for example, at conferences, workshops, seminars and other events), via telephone, facsimile or email. We also collect payment information if you make a purchase or sign up for a subscription. Please note that we use third party payment processors to process payments made to us. As such, we do not retain any personally identifiable financial information such as credit card numbers. Rather, all such information is provided directly by you to our third-party processor. The payment processor’s use of your personal information is governed by their privacy notice.
• ‍Data collected through the use of the Service: We collect User Content (as defined in our Terms of Service) as part of the provision of the Service.
  

Information from Third Party Sources 

We may receive personal information about you from third parties and combine that with the information we collect through the Service. For example, we receive information about your activities on third party websites you access through the Service. We may also receive information from any third-party services that you link to the Service. For example, if you link your Nectir account to your account on a social network such as Discord or Slack, these services will authenticate your identity and may provide some of your personal information to us. We may also receive personal information from website and service operators, payment processors, marketing partners, and shipping providers. The data we receive is dependent on that third party’s policies and your privacy settings on that third-party service. We will store your authentication token and any personal information the service provides to us in order to provide you with the Service. 

We use this information to operate, maintain, and provide the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages and push notifications, and permit you to communicate with others on the Service or invite others to join the Service. We may also send you Service-related emails or messages (e.g., account verification, change or updates to features of the Service, technical and security notices). For more information about your communication preferences, see “Your Data Rights and Choices” below. 

Usage and Device Information (Tracking Technologies) 

To provide a personalized and high-quality experience for our users, we may use various technologies that automatically record certain technical information from your browser or device when you visit our website, read our emails, use our Service or otherwise engage with us. This information is typically collected through a variety of tracking technologies, including cookies, web beacons, file information and similar technology (collectively, “tracking technologies”). 

These tracking technologies cookies collect information about how you use the Service (e.g., the pages you view, the links you click, emails you open, and other actions you take on the Service), information about your browser and online usage patterns (e.g., Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, pages viewed, whether you opened an email , links clicked), and information about the device(s) you use to access the Service (e.g., mobile device identifier, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, and whether you access the Service from multiple devices). We may be able to determine your approximate location by analyzing other information, like an IP address. We may also collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Service. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners, and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout. Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to Do Not Track signals from your browser at this time. 

We use or may use the data collected through tracking technologies to secure the Service, improve the Service, to save you time, to provide better technical support, and to track website usage. For example, tracking technologies help us to: (a) remember information so that a user will not have to re-enter it during subsequent visits; (b) provide custom, personalized content and information; (c) to identify you across multiple devices; (d) to provide and monitor the effectiveness of our Service; (e) monitor aggregate metrics such as total number of visitors, traffic, and usage on our website and our Service; (f) diagnose or fix technology problems; (g) help users efficiently access information after signing in, and (h) otherwise to plan for and enhance our Service.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Service, as some features and services on our Service may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it. 

We and our third-party partners may also use cookies and tracking technologies for advertising purposes. For more information about tracking technologies, please see “Third-party tracking and online advertising” below. 

2. SHARING OF YOUR INFORMATION 

Nectir may disclose your personal information when you post content that is visible to others on the Service, when you consent or instruct us to share your information with third parties, or when we have a legitimate business or legal need to share your information. We may also disclose anonymous or aggregate information that does not reasonably identify you as an individual. For example, your information may be shared with:

• The public. Note some portion of the Service may be visible to other users, website visitors and the public by default, such as the Public Channels. These portions of the Service may allow others to see certain personal information from the User profile, including your username, full name, photo, certain optional profile fields. Email addresses, payment details, and birth date are not available to the general public.
• ‍Other Users or Colleges/Universities associated with the use of the Service. If you use the Service through a college or university enrolled in an enterprise contract or license, authorized administrative users may have access to your entire Student profile, including if available, email address, phone number and other personal information that is not considered public User Content.
• ‍Third-Party Integration Services. Nectir has app integrations with third party providers, such as Canvas and Moodle. When you incorporate the Nectir app through a third-party integration, we share certain information, such as name and email. These third party providers use your information according to their own privacy policy and practices, which may differ from the practices described in this Nectir privacy notice. Please review the privacy policy of any third party game provider or service to understand their privacy practices before you participate in any third party integration through the Service.
• ‍Third-Party Partners. From time to time, and in a manner consistent with your preferences or as permitted by law, we may provide your information, including name and email address, to our partners. Our partners may use this information to offer you deals, discounts and other promotional content and to communicate with you.
• ‍Third Parties with Your Consent or According to Your Instructions. You may provide consent or authorization to share your personal information with third party applications or services in several ways, depending on the functionality available now and in the future through the Nectir Service. Please note that these third parties are not governed by Nectir or the terms of this Privacy Policy. We recommend you review the privacy policy of any third party application or service before authorizing access to your Nectir account information. For example, you may authorize Nectir to share your information with:
• o Special programs you participate in. If you participate in special programs where Nectir partners with third parties, Nectir may share data collected from or about you with its third party partners to facilitate the program or services being offered. For example, we may share your contact information with third parties with whom we partner to provide contests/sweepstakes, which will usually be identified by name in the Official Rules.
• o Others with your consent. In some instances, you may be able to grant us permission to share your information with third-party partners, recruiters, not-for-profit organizations, and other entities that are not affiliated with Nectir. In these cases, we will only provide to these third parties the information you have authorized or asked us to share to these third parties. You may also choose to share content with others by email, or by posting Nectir content to social media sites such as Facebook, Twitter, Discord or Slack. These third parties may use your information as described in their own privacy policies. To control the information that you share, you can adjust your social network settings or disconnect your social network account from your Nectir account.
• ‍Third parties to verify eligibility. We may utilize third party verification services, including enrollment and employment verification services, to confirm eligibility for certain account types (e.g., Admin, Student). For example, if you wish to enroll with a Student Account, we will share your personal information, including name, email address and the name of your college or university with our verification provider to verify your current enrollment status in a college or university. We may ask for additional pieces of personal information as needed to complete the enrollment verification process.

We may also share information for the following business purposes: 

• Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include providing mailing services, providing payment or accounting services, web hosting, or providing analytic services.
• Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings.
• Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Nectir, our users, visitors, or others.

We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual. For example, we may use and share aggregate or anonymized data to study and improve our Service, user functionality and product offerings.

3. THIRD PARTY TRACKING AND ONLINE ADVERTISING

‍Nectir may participate in interest-based advertising and use third party advertising partners to collect information from visitors to the Service for the purpose of displaying interest-based advertisements on other websites, apps or services, social networks, or on other devices you may use. Typically, though not always, these third party ad networks use cookies and tracking technologies to recognize your browser or device and to collect information about your visit to our Service to provide you customized content, advertising and commercial messages which may be more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. 

Please note that we will our best efforts and take multiple steps to avoid the use of Student Data (defined in Section 6) for targeted advertising purposes, for example, by inhibiting these third party advertising networks from collecting information for targeted advertising purposes when a Student logs into the Service through their Student Account. Additionally, we do not knowingly direct targeted advertising to individuals we know to be Students on our Service or on any other website or online service. 

To learn about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android). You may also be able to opt-out of some – but not all – interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app. 

Please note that opting-out of receiving interest-based advertising through the NAI’s and DAA’s online resources will only opt-out a user from receiving interest-based ads on that specific browser or device, but the user may still receive interest-based ads on his or her other devices. You must perform the opt-out on each browser or device you use. 

4. YOUR DATA RIGHTS AND CHOICES 

• Account information and settings: You may update your account information by editing your profile or signing into the account settings.
• ‍Control email communications: You can opt-out of receiving promotional emails from us by clicking the “unsubscribe” feature at the bottom of each email. Unfortunately, you cannot unsubscribe from Service-related messaging.
• ‍Modifying or deleting your information: If you have any questions about reviewing, modifying, or deleting your information, or if you want to remove your name or comments from our website or publicly displayed content, you can contact us directly at support@nectir.io. We may not be able to modify or delete your information in all circumstances. 

If you have any questions or requests about your account information, contact us directly at support@nectir.io. 

5. LINKS TO OTHER WEBSITES AND SERVICES

The Service may contain links to and from third party websites of our business partners (such as gaming providers), advertisers, social media sites and other services. If you follow a link to any of these websites, please note that these websites have their own privacy policies and we do not accept any responsibility or

liability for their policies or content. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. 

6. HOW DOES NECTIR PROTECT STUDENT DATA AND COMPLY WITH LAWS? 

This Section describes how we collect, use and process the personal information collected from a Student when that Student enrolls in our Service as a member of, and through its affiliation with, an official college or university (“Student Data”). In order to be considered a verified Student, the individual must have a school email address on file and be verified by the School Admin User with authority over the School accounts. 

This Section does not apply to Individual Users who sign up for our Service independently and not through an official affiliation with a college or university. For clarity, Independent User’s data account is not associated with an enterprise School account and will not be considered “Student Data.” 

Please note that third party learning providers that colleges or universities may engage with through the Service may have practices and policies that differ from those described herein. The Student Data we disclose to third party services you integrate, such as web-based learning management systems, as well as any other personal information such provider collects from the college or university and the Students directly, will be governed by the provider’s own privacy policy and the terms of any other agreement between the learning provider and the college or university. Please read the privacy policy of any third party learning provider to understand their privacy practices. 

Compliance with laws: We do not use Student Data for any purpose other than to provide the Services, in accordance with our contractual agreements with the participating colleges or universities, our Terms of Service, and this Privacy Notice. Nectir does not own or control Student Data, which belongs to the Student and/or the college or university that contracts with Nectir to provide the Service to the Student. 

The Nectir Service is designed to provide protections for Student Data as required by applicable privacy laws. For example: 

• The Family Educational Rights and Privacy Act (FERPA). This Privacy Policy and our Service are designed to meet our responsibilities to protect personal information from the Students' educational records under FERPA. We agree to work with our college and university partners to jointly ensure compliance with the FERPA regulations.
• ‍Children’s Online Privacy Protection Act (COPPA). Nectir is not directed to children under 13 and does not knowingly collect any information from children under the age of 13. Please contact us at support@nectir.io if you believe we have inadvertently collected personal information of a child under 13 without proper consent so that we may delete such data as soon as possible.
  

Student Data Privacy Principles. We are committed to the following principles to protect Student Data: 

• We collect, maintain, use and share Student Data only to provide and support the Service as described in our Privacy Notice, to maintain, develop, support or improve our websites, services and applications, and as otherwise permitted by our agreements or with the consent of the Student or college/university.
• We do not use or disclose Student Data for targeted advertising purposes. While we do permit third party advertising partners to operate on our Service for the purpose of retargeting, analytics and attribution services, we take steps to disable third party ad networks from collecting information for targeted advertising purposes within the portions of the Service that are integrated with Student Data.
• We do not build a personal profile of a Student other than in furtherance of the School’s use of the Service, or as authorized by a Student, for example, if a student transfers information to a personal account (e.g. “Individual User”).
• We maintain a comprehensive data security program designed to protect the types of Student Data maintained by the Service.
• We will clearly and transparently disclose our data policies and practices to our users.
• We will never sell Student Data unless the sale is part of a corporate transaction, such as a merger, acquisition, bankruptcy, or other sale of assets, in which case we will require the new owner to continue to honor the terms provided in this Privacy Notice or we will provide the college or university with notice and an opportunity to opt-out of the transfer of Student Data by deleting the Student Data before the transfer occurs.
• We will not make any material changes to our Privacy Notice or contractual agreements that relate to the collection or use of Student Data without first giving notice to the college or university and providing a choice before the Student Data are used in a materially different manner than was disclosed when the information was collected.
  

If you have any questions about our practices with regard to Student Data, please contact us at support@nectir.io. 

7. HOW TO CONTACT US 

If you have any questions about this Privacy Notice or the Service, please contact us at support@nectir.io. 

8. CHANGES TO OUR PRIVACY POLICY 

Nectir may modify or update this Privacy Notice from time to time so you should review this page periodically. If we change the policy in a material manner, for example if we seek to use personal information in a materially different way than we had previously, we will let you know and update the “last modified” date at the top of the page.