Nima Labs, Inc. Terms and Conditions of Use and Privacy PolicyLast updated: 9 August 2017

Nima Labs, Inc. Terms and Conditions of Use

Nima Labs, Inc. (“Nima“) welcomes you and wishes to inform you of our policies and practices regarding your use and access of our services via our website located at www.nimasensor.com or through a platform such as iTunes or Google, or one of our partners, or via our products or services.

Specifically, these Terms and Conditions apply to visitors and users of (i) Nima products that monitor their wellness (“Products”), (ii) the Nima website (the “Website“), (iii) our App for your app-enabled mobile device (“App“), and (iv) any other features, content, or services offered from time to time by Nima in connection with the Products, Website or App (collectively, the “Services“).

As a result, this Terms and Conditions Agreement (“Agreement“) sets forth the legally binding terms for your use of our Services. By using Nima’s Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website or App) or you are a “Member” (which means that you have registered with Nima and set up an Account). The term “User” refers to a Visitor or a Member.

BY USING THE WEBSITE OR APP AND THE SERVICES OFFERED ON THE WEBSITE AND APP, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE NIMA PRIVACY POLICY AND WARRANTY WHICH ARE HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY AND WARRANTY, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR APP AND THE SERVICES OFFERED.

You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.

1. Additional Terms. In order to participate in or receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or App or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website, App or Service.

2. Amendments. Nima may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by Nima on the Website, (2) for existing Users, thirty (30) days after posting by Nima on the Website, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after Nima sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of Nima’s Services.

3. Eligibility. By using our Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your Nima Account (the “Account“) may be deleted without warning if we believe that you are younger than thirteen (13).

4. Privacy Policy. All users submitting personal information must agree to our Privacy Policy, which can be accessed via this link.

5. Copyright / Trademark Information. The content, trademarks, logos and designs (“Marks“) displayed on this website or any device, app, or other site are the property of Nima. You are not permitted to use these Marks without our prior written consent. We reserve all legal rights herein. Copyright © 2017, property of Nima Labs, Inc.

6. Terms of Service. For Members (those who have registered accounts with us), these Terms of Use shall remain in full force and effect while you use our products and services as a Member. You may delete your Account and end your membership at any time, for any reason. NIMA MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, Sections 4-5 and 9-15 of this Terms of Use will remain in effect. You understand that termination of this Terms of Use and your Account involves deletion of your Nima profile information from our live databases as well as any content, personal information, and services details that you uploaded to the Nima Website or App using such Account. Nima will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.

7. Password. When you sign up to become a Member, you will be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify Nima immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.

8. Conditions of Sale.

  • a. Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes, unless you provide Nima with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the product to your customers) at the rates in effect when the charges were incurred. Nima may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required.
  • b. Geographic Areas. Currently, Nima does not support international shipments for its Products, or provide Services outside of the United States.
  • c. Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: support@nimasensor.com. If Nima does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Nima or its agents.
  • d. Returns. All sales of other products are subject to Nima’s then-current return policies, as posted on the Website.
  • e. Eligibility; Credit Card Terms. To order any products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. Nima currently does not accept cash, checks or any other payment form, although in the future we may change this policy. You agree that no additional notice or consent is required before Nima invoices the credit card for all amounts due and payable. By providing Nima with your credit card number and associated payment information, you agree that Nima is authorized to immediately invoice your account for all fees and charges due and payable to Nima as a result of your purchase. You agree to immediately notify Nima of any change in your billing address or the credit card used for payment hereunder. Nima reserves the right, at any time, to change its prices and billing methods for products sold, either immediately upon posting on the Website or in the App, or by e-mail delivery to you.
  • f. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify Nima’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Nima reserves the right at any time after receipt of your order to accept or decline your order for any reason. Nima further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Nima upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
  • g. Title and Risk of Loss.  Title and risk of loss to each shipment of the products sold on the Website shall pass to you upon transfer to the shipping agent.

9. Release. You hereby release Nima, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users. If you are a California resident, you hereby waive California Civil Code Section 1542, which states:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

10. Indemnity. You agree to defend, indemnify, and hold Nima, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of these Terms of Use and/or arising from your breach of any provision of these Terms of Use.

11. Electronic communications. The communications between you and Nima use electronic means, whether you visit the Website or App or otherwise use the Services or send Nima e-mails, or whether Nima posts notices on the Website or App or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Nima in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Nima provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

12. U.S. Export Controls. Content and software available in connection with the Services (the “Software“) is further subject to United States export controls. No Content or Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the content and Software, you represent and warrant that such download or use is not in violation of any such law. 13. Governing Law and Arbitration. These Terms of Use shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Nima agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in San Francisco, California (USA) and the federal courts located in the Northern District of California (USA) in such legal action or proceeding.

14. Relationship of Parties. You and we are independent contractors, and nothing in These Terms of Use will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf.

15. Notices. Nima may give any notice required by these Terms of Use by means of a general notice on the Website, electronic mail to your e-mail address on record with Nima, or by written communication sent by first class mail or pre-paid post to your address on record with Nima. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to Nima, addressed (such notice shall be deemed given when received by Nima) at any time at the following:

Nima Labs, Inc.
450 Alabama Street
San Francisco, CA 94110
Attn: Privacy & Terms Team
support@nimasensor.com
844-646-2969

16. Force Majeure. Nima will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”

17. Other. These Terms of Use is accepted upon your use of the Website or App or any of the Services or when you register to become a Member. These Terms of Use, including the Warranty and Privacy Policy which are incorporated by reference, constitutes the final, complete and exclusive agreement between you and Nima regarding the subject matter hereof and supersedes and merges all prior discussions between the parties. If any provision of These Terms of Use is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Nima to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The parties of these Terms of Use have expressly required that the present Agreement be drawn up in the English language. Please contact us with any questions regarding these Terms of Use.

Nima Labs, Inc. Privacy Policy
Effective: 9 August 2017

Nima Labs, Inc. (“Nima“) welcomes its users and respects their privacy. This Privacy Policy informs you of our policies and practices regarding the collection, use, access, storage and disclosure of any personal information you submit to us including by accessing our services via out website located at www.nimasensor.com or through a platform such as iTunes or Google, or one of our partners, or via our products or services.

1. User Consent. By submitting personal information to us, you agree to the terms of this Privacy Policy. In addition, for certain products or services, we may further confirm your consent by asking you to expressly consent to the collection, processing, storage and use of your personal information according to this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please refrain from using our products or accessing our services.

2. Nima Products and Services. Nima develops products to enable users to monitor their wellness (“Product(s)“). Products include online and off-line services and applications including via our software mobile, tablet, desktop, our sensor devices (“Application(s)“) and any other websites or platforms which link to this Privacy Policy and our Application(s) (collectively, the “Site“) and the online services that we provide to users of our Products and our Application(s) (“Services“).

3. A Note About Children. We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to Nima and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at support@nimasensor.com.

4. A Note to Users Outside of the United States. If you are a non U.S. user of the Site, by visiting the Site or using our Services and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy. In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. By providing your data, you consent to such transfer.

5. Types of Data We Collect. “Personal Data” means (a) data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data, and (b) Test Results that are automatically collected when you use our Products and Application(s), and any additional information (such as the name of the restaurant and the food item tested, ratings of the restaurant, etc.) that the user may add to the Test Results, to the extent that such data is associated with or linked to data that allows someone to identify or contact you (“Food Data“). “Anonymous Data” means data that can not publicly be linked or associated with your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data, including but not limited to Food Data, and Anonymous Data, as described below.

(a) Information You Provide to Us.

  • We may collect Personal Data from you, such as your first name, last name, e-mail, city, state, password, and food preference related information (e.g., foods you avoid and your food identity) when you create an account to log in to our network (“Account“).
  • We will also ask you to create a public profile which will be used in public areas of our Services to identify the Food Data that you collect and any postings that you may upload to the Services (“Profile“). The name you use in your Profile can be your real name or a pseudonym. You can also decide whether or not to include additional personal information that may include but is not limited to your gender, age, food identity and foods you avoid in your Profile. Any information you include in your Profile will be available for public viewing by our other users. Once displayed on publicly viewable web pages and in the Application(s), that information can be used and collected by others. We cannot control who reads your postings or what other users may do with information that you voluntarily post or include in your Profile. Once you have posted information publicly, while you will be able to request that Nima modify or delete such information pursuant to Section 9(e) below, you will not be able to modify or delete such information to the extent it has been cached, collected, and stored elsewhere by others (e.g. search engines).
  • If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to tag the location where you tested your food and provide you with location-based information and advertising. If you want to deactivate this feature, you can deactivate GPS on your mobile device or remove permissions for the Application(s) to have access to your location.
  • Our Application(s) let you store your Application preferences. We may associate these choices with your Account or the mobile device, and you can edit these preferences at any time in our Application(s).
  • When you order our Products or Services on our Site, we, or our payment processors, will collect all information necessary to complete the transaction, including your name, phone number, credit card information, billing information and shipping information. This information may be shared with third parties who help process and fulfill your purchases.
  • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
  • When you use our Product and upload the Sensor test results to our Application(s), we will ask you to provide information about the test (e.g., the restaurant where you tested your food, the food item tested, and a rating of the restaurant). This information, together with any information that you include in your Profile, will be made available to all users of the Application(s) in a public area of our Services.
  • When you post content (i.e., text, images, photographs, messages, reviews, ratings, tips, comments or any other kind of content), the information contained in your posting will be stored in our servers. If the information is posted in a public area of the Services, other users will be able to see it, along with any other information that you include in your Profile. The information that you provide in the content you post in public areas of our Site and Application(s), and your Profile, will be visible to others, including anonymous visitors to the Site and Application(s).
  • We retain information on your behalf, such as files and messages that you store using your Account.
  • When you post tips and comments within the Application(s) or on our Site the information contained in your posting will be stored on our servers, and other users will be able to see it.
  • When you participate in one of our surveys, we may collect additional profile information.
  • If you participate in a sweepstakes, contest or giveaway on our Site or in our Application(s), we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.
  • We may also collect Personal Data at other points in our Site or Application(s) that state that Personal Data is being collected.

(b) Information Collected via Technology.

  • Information Collected by Our Products. If you use our Products, our Products will collect Food Data. When you sync our Sensor with our Application(s), (i) the Product will upload Food Data to our Application(s) and (ii) our Application(s) will note that you used a Capsule to test for the Food Data.
  • Information Collected by Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP“) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
  • Information About Your Mobile Device. If you use our Services on your mobile device, including through our Application(s), we may collect your Sensor’s battery level, the version of iOS used by your device, the serial number and firmware version of your Sensor, the signal strength of your mobile device, notifications regarding errors related to your Sensor or mobile device, your Test Results, and other relevant diagnostics that come from syncing the Sensor with your mobile device, such as temperature and time of readings.
  • Log Files. As is true of most websites and applications, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP“), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to provide, modify, or enhance the Services; analyze trends; administer the Site; track users’ movements around the Site; gather demographic information about our user base as a whole; and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Site or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. We may also link this automatically collected data to your Personal Data to identify and fix errors that you experience.
  • Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.
  • Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, web beacons, or web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Data.
  • Collection of Data by Advertisers. Nima does not sell any Personal Data to advertising platforms, data brokers, or information resellers. Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Site (but not your name, address, e-mail address or telephone number). They do this by using Cookies, Pixel Tags or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Site and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.aboutads.info/choices or http://www.networkadvertising.org.
  • How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on our Site.
  • Mobile Services. We may also collect non-Personal Data from your mobile device if you have downloaded our Application(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the Application(s) and information about the type of device you use. In addition, in the event our Application(s) crashes on your mobile device, we may receive information about your mobile device model software version and device carrier and associate such information with your Personal Data so that we can identify and fix bugs and otherwise improve the performance of our Application(s).
  • Push Notifications. If you consent to receiving push notifications on your mobile device, we will send push notifications to your mobile device through services such as Apple’s Push Notification Service for iOS devices and Google’s CD2M and Cloud Messaging for Android devices. Both services are standard features of these mobile device operating systems. The privacy policy of the applicable service provider governs the access, use and disclosure of your Personal Data obtained from your use of these services.
  • Analytics Services. We use third party analytics services, including but not limited to Google Analytics (“Analytics Services“), to help analyze how users use our Site and Services. We use the information we get from Analytics Services only to improve our Site and Services. The information generated by the Cookies or other technologies about your use of our Site and Services (the “Analytics Information“) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer the Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Service’s ability to use and share Analytics Information is restricted by such Analytics Service’s Terms of Use and Privacy Policy. By using our Site and Services, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please contact us at support@nimasensor.com.

(c) Information Collected from You About Others. If you decide to invite a third party to create an Account, visit our Site, download our Application(s), or purchase any of our Products, we will collect your and the third party’s names and e-mail addresses in order to send an e-mail and follow up with the third party. We rely upon you to obtain whatever consents form the third party that may be required by law to allow us to access and upload the third party’s name and e-mail address as required above. You or the third party may contact us at support@nimasensor.com to request the removal of this information from our database. As part of your use of the Services, we provide you the opportunity to connect automatically with your friends. We employ various techniques in order to facilitate friends finding each other on our service, including offering contact importer tools to facilitate adding to your contacts (including contacts in your address book) so that you can more readily ask your contacts to join and communicate with you through the Services. With your permission, we will access your address book, call log and SMS log, and import your contacts’ names, e-mail addresses, phone numbers, image, and geographic location to facilitate automatic connection with your friends. We do this only for contact matching to help your friends and you find each other. Also, when you invite friends to the Services, we will access your Address Book and we will import your contacts names and phone numbers in order to facilitate the invitation. The e-mail that is sent to your friends will come from your e-mail address so that your friends know that you want to invite them to visit the Site. We do not store any passwords you provide as part of the contact import process. We also collect some settings that help us to interpret your data, such as the language and keyboard settings that you have established, and the phone’s carrier, mobile network code and mobile country code.

(d) Information You Provide to Social Networking Sites. In the future, the Services may allow users to access social networking services such as Facebook (each an “SNS”) to interact and share Test Results and other content with friends. If you are already logged into the Services and an SNS, when you click on “Connect with Facebook,” or a similar connection on another SNS, you will be prompted to merge your profiles. If you are already logged into the Services but not logged into Facebook or another SNS that we support, when you click on “Connect with Facebook,” or a similar connection on another SNS, you will be prompted to enter your SNS credentials or to “Sign Up” for the SNS. By proceeding, you are allowing the Services to access your information and you are agreeing to the SNS’s Terms of Use in your use of the Services. Conversely, if you are not currently registered as a user of the Services, and you click on “Sign in” using an SNS that we support, you will first be asked to enter your SNS credentials and then be given the option to register for the Services. In this case, we may receive information from the SNS to make it easier for you to create an Account on the Site and show relevant content from your SNS friends. Any information that we collect from your SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices. Any misuse of SNS services or use of excessive and unnecessary language on SNS services, may result in banning a Member, which means his or her Nima account will be suspended.

6. Use of Your Personal Data

(a) General Use. In general, Personal Data you submit to us, including but not limited to Food Data that is collected from our Products and uploaded to our Application(s), is used to respond to requests that you make, to aid us in serving you better, and to provide the Services to you. We use your Personal Data in the following ways:

  • facilitate the creation of and secure your Account on our network;
  • identify you as a user in our system;
  • provide improved administration of our Site, Application(s) and Services;
  • provide the Services you request;
  • improve the quality of experience when you interact with our Site, Application(s), and Services;
  • track your purchases of our Products and the status of your supply of Capsules;
  • create, and make available to users of our Site and Services, a catalog of food items that have been tested using our Products, which may include Food Data;
  • send alerts, reminders, and other notifications to you (e.g., reminders to charge your mobile device or purchase more capsules when your supply runs low);
  • tailor our Products and Services to your interests;
  • send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
  • send you administrative e-mail notifications, such as security, or support and maintenance advisories;
  • respond to your inquiries related to employment opportunities or other requests;
  • send newsletters, surveys, offers, and other promotional materials related to our Services and services made available by third parties and for other marketing purposes of Nima.

(b) User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name and may also indicate their home city. We obtain the user’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with our Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.

(c) Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

7. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

(a) Users of our Services. When you use the Services, the Food Data you provide, together with your Profile, will be shared with all users of the Services. If you include Personal Data in your Profile, the Food Data you provide will also be Personal Data.

(b) Users. We will share your Personal Data with other users solely for the purpose of providing the Services.

(c) Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Site, including fulfilling orders, processing credit card payments, or other functions necessary for our business; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to Nima. These third party service providers are required not to use your Personal Data other than to provide the services requested by Nima, and have appropriate contractual controls to bind such third parties.

(d) Affiliates. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates“), in which case we will require our Affiliates to honor this Privacy Policy.

(e) Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us subject to these same commitments and will assume the rights and obligations regarding your previously collected Personal Data as described in this Privacy Policy.

(f) Social Networking Sites. Some of our Applications and Services may enable you to post content to SNSs. If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.

(g) Information You Make Public. Certain portions of the Services are open to any user, such as our community forums, your Profile, and any Food Data associated with your Profile. Any information you post in these locations will be available and accessible to other users of the Services. In addition, the Services contain features that permit you to upload, post, transmit, display, perform or distribute content, information or other data, including your Personal Data. Any information that you choose to disclose by means of such features becomes public information. You should exercise caution when deciding to disclose your Personal Data by means of such features, and you agree to assume all responsibility for doing so.

(h) Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Nima may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation with a lawful government request, regulatory requirement, legal order, or similar obligation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Nima; (c) to protect or defend the rights or property of Nima or its users of the Site or Services; and/or (d) to investigate or assist in preventing any violation or potential violation the law, this Privacy Policy, or our Terms of Use.

(i) Information We Don’t Collect or Use. Nima does not collect any employment eligibility, promotion, or retention; credit eligibility; healthcare treatment eligibility; and insurance eligibility, underwriting, and pricing information via our Site or from Protected Information.

8. Third Party Websites and Information We Receive From Partner Companies.

We may receive Personal Information about you from other sources like mobile device, tablet, internet services, public posts, third party websites or otherwise from companies that provide our services by way of a co-branded or private-labeled website (“Partner Companies“), and for some of our Services, this includes location based services applicable for certain features in the Services. If you choose to disable location based services some features of the Services may not work properly. We may add this information to the information we have already collected from you via our Website or Services in order to improve the products and services we provide.

When you access the Services via any other Partner Companies, another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

9. Your Choices Regarding Your Information. You have several choices regarding use of information on our Services:

(a) Email Communications. We will periodically send you free newsletters and e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information above). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

(b) Cookies. If you decide at any time that you no longer wish to accept cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided above.

(c) Location Information. If you do not want location information collected by us, you can disable location services on your mobile device.

(d) SNS Information. You may also manage the sharing of certain Personal Data with us when you connect with our Services through an SNS or de-link your SNS account from our Services. Please refer to the privacy settings of the SNS to determine how you may adjust your permission settings and manage the interactivity between the Services and your SNS account.

(e) Changing or Deleting Your Personal Data. You may change any of your Personal Data in your Account by sending an e-mail to support@nimasensor.com. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes.

(f) Push Notifications. If you wish to stop receiving push notifications for any Application(s), you can use your mobile device’s standard process to turn off push notifications by changing the application settings on your mobile device.

(g) Applications. You can stop all collection of information by the Application(s) by uninstalling the Application(s). You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. Uninstalling the Application(s) will stop collection of any new information by the Application(s) but will not delete any prior Personal Data already collected by us (“Prior Personal Data“). If you wish to delete any Prior Personal Data, please contact us at support@nimasensor.com and we will delete such Personal Data in accordance with Section 9(e). If you reinstall any Application(s) at a later date, your Prior Personal Data will not be associated with any new information collected by such Application(s) until you login to your Account through such Application(s). If you login to your Account through such Application(s), to the extent your Prior Personal Data remains in our active database, your Prior Personal Data will be associated with any new Personal Data collected by such Application(s).

10. Changes to This Privacy Policy. This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy at www.nimasensor.com/privacy-policy and we will change the “Last Updated” date above. In addition, when a material change is made to the Privacy Policy, we will notify you via an Enhanced Notice as set forth below. You should consult this Privacy Policy regularly for any changes.

11. Enhanced Notice and Express Consent. For new users, Nima provides notice of this Privacy Policy before installing the Nima mobile application, as part of the process of downloading the Nima application to a device; at the time that the Nima Site or Services are opened for the first time; at the time Personal Data is collected; or in the device or application settings that are presented to the user upon using the Site or Services for the first time; or in other ways to obtain Express Consent (in each case, an “Enhanced Notice”). For existing users, Enhanced Notice of any material change to these Privacy Policy terms will include thirty (30) days after Nima provides notice on the Site; or if the modifications are material, thirty (30) days after Nima provides an email update notice summarizing the changes we are making, and how the changes would affect you and your accounts on our Site or Applications, and the continued use of the Services thereafter, which shall constitute the acceptance of the changes.

Nima provides Express Consent via a user’s statement or clear affirmative action in response to a clear, meaningful, and prominent notice regarding the collection, use, and sharing of Personal Data as set forth in this Privacy Policy. In addition to the above, express consent will be provided:

  • Before Personal Data is used in any materially different manner than claimed in this Privacy Policy when the data was collected.
  • To share Personal Data with third parties or to make Personal Data public.
  • For secondary uses of Personal Data that are incompatible with the primary purpose of the app or service.

Express consent may be obtained through our device, app, Site or Services directly; or by a platform like Apple iTunes or other third party requesting on behalf of the device, app, Site or Services.

If Nima were to share Personal Data with a third party, Express Consent would be obtained:

  • At the point of sharing;
  • As part of the download or installation flow, but before data is collected; or
  • Via a separate process where the individual user provides the third party with express consent to access the data.

Express consent may be withdrawn by the user at any time, without affecting the previously collected and processed covered data.

12. Security. Nima is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized or unlawful access, use, or disclosure and against accidental loss or destruction of, or damage to, such Personal Data. Nima has implemented industry-standard electronic means of protecting your Personal Data. We store Personal Data behind a computer firewall, a barrier designed to prevent outsiders from accessing our servers, and we have implemented technology to detect intrusions. We also require you to enter a password to access your account information. In addition, Nima protects your Personal Data from unauthorized physical access by storing your Personal Data in a controlled facility.

Except as provided elsewhere in this Privacy Policy, Nima limits access to Personal Data in electronic databases to those persons (including employees and contractors) in Nima’s organization who have a business need for such access. Lastly, we conduct periodic internal audits and vulnerability scans to ensure compliance with these security measures and generate security incident logs that track Information useful in screening for attempted abuse of or unauthorized access to your Personal Data.

Even though Nima has taken significant steps to ensure that your Personal Data is not intercepted, accessed, used, or disclosed by unauthorized persons, you should know that Nima cannot fully eliminate security risks associated with Personal Data.

13. Enforcement. Nima remains committed to implementing internal processes and procedures reasonably designed to (1) address privacy risks related to the development and management of new and existing products and services for users, and (2) protect the privacy and confidentiality of Protected Data. If you have any questions or suggestions about the security or enforcement of your Personal Data, you can contact us at support@Nima.com.

14. Questions; Contacting Nima; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address or email:

Nima Labs, Inc. 
450 Alabama Street 
San Francisco, CA 94110 
Privacy & Terms Team 
support@nimasensor.com 
844-646-2969