NxFive
PRIVACY POLICY
Last Updated: April 23th, 2022
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE COLLECT, STORE, USE, SHARE, AND OTHERWISE PROCESS DATA AND OTHER INFORMATION YOU PROVIDE US OR IS COLLECTED FROM YOU (WHICH INCLUDES, WITHOUT LIMITATION, PERSONAL DATA AND PERSONAL INFORMATION AS DEFINED IN APPLICABLE LAWS (COLLECTIVELY, “PERSONAL INFORMATION”)) IN CONNECTION WITH YOUR ACCESS TO AND USE OF NXFIVE WEBSITE (“Website” OR “Site”). BY ACCEPTING OUR TERMS OF USE OR OTHERWISE ACCESSING OR USING THE WEBSITE, YOU ARE ALSO ACCEPTING THIS PRIVACY POLICY, WHICH IS HEREBY INCORPORATED INTO AND MADE A PART OF OUR TERMS OF USE BY THIS REFERENCE. CAPITALIZED TERMS USED, BUT NOT DEFINED, IN THIS PRIVACY POLICY HAVE THE MEANING SET FORTH IN THE TERMS OF USE.
IF YOU LINK TO OTHER WEBSITES FROM THE WEBSITE OR OTHERWISE LEAVE THE WEBSITE, YOU MAY BE SUBJECT TO THE PRIVACY POLICIES OF THIRD PARTIES, WHICH PRIVACY POLICIES NXFIVE DOES NOT REVIEW OR CONTROL. PLEASE READ SUCH THIRD-PARTY PRIVACY POLICIES CAREFULLY. YOU AGREE THAT NXFIVE HAS NO RESPONSIBILITY OR LIABILITY FOR THE ACTIONS OR OMISSIONS OF SUCH THIRD PARTIES.
If you have any questions regarding our Privacy Policy or data privacy practices, you may contact us at:
NXFIVE
Attn: Privacy Officer
[2255 Glades Rd., suite 324A, Boca Raton, Florida, 33431]
[privacy@NxFive.com]
Information We Collect
Information Provided at Registration
To access and use the Website, you must register by entering a unique username and password, as well as your name, e-mail address, phone number, and other information that assists in providing you with access to and use of the Website. This data is necessary for us to provide you with access to and use of the Website and to facilitate and complete transactions through the Website.
Payment Information
To facilitate processing payments and donations, you need to provide a payment method and the following information: name, billing address, residential address, credit card or banking information, and such other applicable information as requested by our third-party payment service. If your payment method information changes (e.g., card number, account number, routing number, expiration date, CVV), then our third-party payment service may acquire additional information from you. This data is necessary for our third-party payment service to process payments and donations for transactions through the Website.
Additional Information Provided Through Use of the Website and any Complementary website
Additional information may be requested and provided through the website to facilitate transactions, which may include version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, amount of time browsing a product, and how you interact with the Site. This data is necessary to facilitate and complete transactions through the Website, load the Site accurately, perform analytics, and optimize your shopping experience.
Information Collected Automatically
To provide functionality for and improve our Website, as well as to comply with our Terms of Use, we use cookies and other tracking technologies to automatically collect certain information, including Personal Information. Information we automatically collect includes, without limitation, internet protocol (IP) addresses, internet browser type, characteristics of your device and software, domain names of your internet service provider, your precise or approximate geographic location as determined by the device you are using, a record of your usage of the Website, version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site and the time of your usage.
We use cookies to process the information you provide and to facilitate transactions through the Website. Cookies are also used to help us track website traffic, so that we can improve our user experience and functionality of our Website and understand and save your preferences for future visits. We may also use trusted third-party services that track this information on our behalf.
Cookies are small files that, if you allow or enable, a website or its service provider can transfer to your device’s hard drive through your web browser that enables that website or service provider system to recognize your browser and capture and remember certain information. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your web browser settings. Each web browser is different, so review your web browser's Help menu to learn the correct way to modify your cookies. Please note that if you disable cookies, some features of our Website will be disabled and may not function properly or may not be available to you.
Non-Personal Information
We collect and create de-identified and aggregated information and other non-Personal Information, which is not related to an identified or identifiable natural person (“Non-Personal Information”). You agree that NXFIVE or its licensors and service providers, owns, without restriction, all Non-Personal information and that you have no rights in or to any Non-Personal information.
California Notice at Collection of Personal Information
NXFIVE or its licensors and service providers, and each of their affiliates, collects, and has collected within the last twelve (12) months, the following categories of Personal Information from California consumers.
Category
Specific Pieces of Information
Business or Commercial Purposes of Use
Identifiers
Unique username and password, name, e-mail address, phone number, company name, title at company, IP address, and other voluntarily given identifiers, such as a User’s physical address, or birthdate.
This Personal Information is used to create and maintain your right to access and use the Website, to subscribe you to newsletters (if requested), and to provide you with alerts.
Categories of personal information described in Cal. Code Civ. Section 1798.80(e)
Bank account number, credit card number, debit card number, expiration date, CVV, billing address, residential address, and financial instrument or institution information.
This Personal Information is used by our payment processor to process payments you request and assist in identifying fraud. We use Stripe and First Data to power our online store. You can read more about how Stripe and FISERV use your Personal Information here: https://stripe.com/fr-ca-us/privacy
Internet or other electronic network activity information
Browsing history, search history, website traffic, internet browser type, device and software characteristics, internet service provider domain names, and a record of Website usage.
This Personal Information is used to maintain the Website, to conduct internal analytics of our systems, to provide you with marketing information, and to enhance the functionality of the Website.
Geolocation data
Precise or approximate geographic location as determined by the device being used.
This Personal Information is used to generate de-identified and aggregated data for analytics purposes.
Behavioral Information
Products you view, search terms, amount of time browsing a product, and how you interact with the Site.
This information is used to provide you with targeted advertisements or marketing communications we believe may be of interest to you.
How We Use Your Data
Generally
We use data to:
create a single sign on for access to the Website;
provide the Website;
facilitate listing, requesting, offering options for, livestreaming, live chat, worship schedule and location, events, Bible study, and podcasts;
facilitate communication between users;
process payments;
interact with users and provide users with customer service and technical support;
provide users with a tailored experience when using our Website;
enhance functionality of our Website;
verify user identity and enable means to protect data and other information against unauthorized access, loss, destruction, or alteration;
provide users with critical updates, new releases, and training guides;
solicit user feedback;
data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our websites, products, Websites, marketing and your experience
send notifications pertaining to user requests or reservations; and
subscribe users to NXFIVE’s newsletters and promotional mailings that the user may be interested in based on the user’s preferences.
Processing
We may process data for one or more of the following reasons:
a legitimate business interest, such as providing the Website and providing you with access to and use of the Website;
performing obligations pursuant to our Terms of Use or to take steps at your request prior to entering into our Terms of Use;
compliance with a legal obligation;
protect your vital interests or the vital interests of another person or entity; and/or
other specific purposes for which you have given consent to the processing of your data.
Marketing and Communications
From time to time your data may be used to contact you with NXFIVE’s promotional materials, newsletters, marketing or other information that may be of interest to you based on your preferences. You may be contacted by the phone number or e-mail address you provide to us. We may contact you in this way based on our legitimate interest in undertaking marketing activities to provide you with the most up-to-date information on our Website and other products and services you may be interested in based on your preferences. By using the Website, you agree to receive text messages and/or e-mails, whether from the Website, directly from NXFIVE, or another user, related to service or customer support requests, and NXFIVE’s promotional materials, newsletters, marketing, or other information that may be of interest to you based on your preferences. Standard messaging rates may apply. You further agree that:
BY ACCEPTING OUR TERMS OF USE (WHICH INCLUDES THIS PRIVACY POLICY) OR ACCESSING OR USING THE WEBSITE, YOU HEREBY PROVIDE US, AND OUR WEBSITE PROVIDERS, WITH EXPRESS CONSENT TO CONTACT YOU ON YOUR TELEPHONE, INCLUDING, BUT NOT LIMITED TO, LEAVING VOICE MESSAGES AND SENDING TEXT MESSAGES, AND TO SEND E-MAILS, WITH NOTIFICATIONS, INFORMATION, AND OFFERS RELATED TO US AND/OR THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, NOTIFICATIONS PERTAINING TO NEWSLETTERS AND ADVERTISING, MARKETING, AND/OR PROMOTIONAL OFFERS. BY SUBMITTING A REQUEST OR INQUIRY FOR THIRD-PARTY WEBSITES OR OTHERWISE INTERACTING WITH ANY THIRD-PARTY THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, OTHER USERS, YOU HEREBY PROVIDE US, AND THE APPLICABLE THIRD-PARTY, WITH EXPRESS CONSENT TO CONTACT YOU BY TELEPHONE, INCLUDING, BUT NOT LIMITED TO, LEAVING VOICE MESSAGES AND SENDING TEXT MESSAGES, AND TO SEND YOU E-MAILS, WITH NOTIFICATIONS, INFORMATION, AND OFFERS RELATED TO US, THE WEBSITE, YOUR USE OF THE WEBSITE, THE THIRD-PARTY, AND THE THIRD-PARTY WEBSITES. BY ACCEPTING OUR TERMS OF USE (WHICH INCLUDES THIS PRIVACY POLICY), ACCESSING OR USING THE WEBSITE, SUBMITTING A REQUEST OR INQUIRY FOR THIRD-PARTY WEBSITES, OR OTHERWISE INTERACTING WITH ANY THIRD-PARTY THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, OTHER USERS, YOU ARE ALSO EXPRESSLY AGREEING TO RECEIVE FUTURE CALLS, TEXT MESSAGES, VOICE MAILS, AND E-MAILS THAT DELIVER ADVERTISING AND TELEMARKETING MESSAGES THAT ARE GENERATED THROUGH AN AUTOMATIC TELEPHONE DIALING SYSTEM OR AUTO-DIALER, AND ARE CONSENTING TO RECEIVING MESSAGES THAT COME VIA AN ARTIFICIAL OR PRE-RECORDED VOICE MESSAGE OR THAT COME IN THE FORM OF A MASS TEXT MESSAGE MAILER. THE TERMS OF THIS PROVISION ARE NOT A CONDITION OF YOUR REGISTRATION FOR, OR USE OF, THE WEBSITE. THIS PERMISSION CONSTITUTES PRIOR EXPRESS WRITTEN CONSENT UNDER THE TELEPHONE CONSUMER PROTECTION ACT. THIS CONSENT APPLIES EVEN IF YOU ARE CHARGED FOR THE CALL UNDER A PHONE PLAN. YOU ACKNOWLEDGE AND AGREE THAT MESSAGE AND DATA RATES (FOR EXAMPLE, FROM YOUR NETWORK PROVIDER) MAY APPLY. YOU ARE RESPONSIBLE FOR ANY CHARGES THAT MAY BE BILLED BY THE COMMUNICATIONS CARRIERS.
At any time, you may opt out of receiving all or certain future communications from us. To do so, please follow the unsubscribe instructions provided in the applicable communication or contact us directly at unsubscribe@NxFive.com
Non-Personal Information
Because Non-Personal Information cannot be used to personally identify you, you agree we may use such information for any lawful purpose.
Information Sharing and Disclosure
Generally
We do not sell your information to third parties. We share your data with other users and other trusted third parties who assist us in operating and providing our Website. We may also share your data when we believe sharing is necessary to comply with applicable law, enforce our policies (including, without limitation, our Terms of Use), or protect our or others' rights, property, or safety.
Third-party Website Providers
We may share your data with third-party service providers to provide and improve the Website, facilitate services through the Website, process payments, analyze use of our Website, perform database management, perform analytics, and produce statistics on the Website, or deliver other requested services and features to you. These third-party service providers may include, but are not limited to, payment processors, internet service providers, hosting providers, Website developers, and cloud computing providers. These third-party service providers are contractually bound to only process the limited data we provide them to perform specific tasks at our direction. These third-party providers are bound to maintain the data they receive from NXFIVE in accordance with their published privacy policy.
Business Purpose Disclosures
Stripe.com
Processing and reconciliation of purchases and payment information
www.fiserv.com
Processing and reconciliation of purchases and payment information
Subsidiaries and Affiliates
We may share your data with NXFIVE’s subsidiaries and/or affiliates for purposes consistent with the Terms of Use. Our subsidiaries and affiliates are bound to maintain the data they receive from NXFIVE in accordance with this Privacy Policy.
Business Transfers
From time to time, NXFIVE may buy or sell assets or businesses. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, data may be part of the transferred assets. You acknowledge and agree that any assignee or other successor to NXFIVE (or NXFIVE’s assets) will continue to have the right to use your data and other information in accordance with the terms of the Terms of Use, including this Privacy Policy. If the privacy policy of any such assignee or successor will apply to your data, we will notify you before your data is transferred and becomes subject to a different privacy policy.
Legal Requirements
As we may determine in our sole discretion, we may disclose data if required to do so by applicable law, including, without limitation, responding to a subpoena or request from law enforcement, court, or government agency, or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect or defend our rights, interests or property or that of third parties, (iii) prevent, investigate, or identify possible wrongdoing in connection with the Website, (iv) act in urgent circumstances to protect the personal safety of customers, users, or the public, or (v) protect against legal liability. Unless restricted by applicable law, we will inform the applicable user of such request before sharing the data.
Non-Personal Information
Because Non-Personal Information cannot be used to personally identify you, we may share such information for any lawful purpose.
Your Rights Regarding Your Data
In some jurisdictions, you may have the right to request (i) what data we collect, store, use, share, or otherwise process, (ii) rectification of inaccurate data, (iii) erasure/deletion of your data, (iv) restriction on the sharing or other processing of certain data, and/or (v) that your data be transferred. According to the law of certain jurisdictions, you may also have the right to (i) object to our processing of your data, (ii) withdraw your consent to our processing of your data, (iii) opt-out of the sale of your data, and/or (iv) not receive discriminatory treatment for the exercise of your applicable privacy rights. However, due to the inherent necessity of data for the operation of the Website, you understand and agree that the erasure of, or withdrawal of your consent for us to process, your data may mean some features of our Website may not function properly or may not be available to you and that any such deficiency in the Website caused by such exercise of your privacy rights is not a result of discriminatory treatment for the exercise of your applicable privacy rights.
To exercise your applicable rights at any time, you can contact us at:
NXFIVE
Attn: NxFive Privacy
2255 Glades Rd., Suite 324A, Boca Raton, Florida, , 33431
privacy@NxFive.com
We may verify the identity of any person who requests to exercise any of the above listed rights by, as applicable, requesting such person log into the Website, matching information provided by such person with information already maintained by us, or requesting additional information from such person for the sole purpose of identity verification. You may designate an authorized agent to make a request to exercise your applicable privacy rights on your behalf, in which case we will verify your identity and the identity of your authorized agent in one of the manners described above. You understand and agree that NXFIVE, at its sole discretion, may decline to comply with, or require further identity verification of, any request for which NXFIVE cannot adequately verify the identity of the person submitting the request.
If you have a concern about our privacy practices, please contact us using the contact information set forth above, and we will take reasonable steps to address your concern. According to the law of certain jurisdictions, you may also have the right to make a complaint at any time to a supervisory authority in the European Economic Area.
NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
Individuals who are residents of California and have provided their personal information to us may request information regarding our disclosures, if any, of their personal information to third parties for a third-party’s direct marketing purposes. Such requests must be submitted in writing at:
NXFIVE
Attn: Request for California Privacy Information
2255 Glades Rd., Suite 324A, Boca Raton, Florida, 33431
privacy@NxFive.com
Such requests must include the reference Request for California Privacy Information in the subject line and in the body of the message and must include the e-mail address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted to us if not submitted pursuant to the terms set forth above.
Third-party Links
Occasionally, at our discretion, we may provide through our Website links to other websites not operated or controlled by us. These third-party websites are subject to separate and independent privacy policies. We have no responsibility or liability for the content and activities of these linked websites. Inclusion of these links to third-party websites through our Website does not imply that we endorse or have reviewed the third-party websites. Nonetheless, we seek to protect the integrity of our Website and welcome any feedback about these third-party websites.
Cookies
A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.
We use the following cookies to optimize your experience on our Site and to provide our services.
Cookies Necessary for The Functioning of The Store
Name
Function
Facebook [_fbp] => to store and track visits across websites.
Hubspot [hubspotutk] => This cookie keeps track of a visitor's identity. It is passed to HubSpot on form submission and used when deduplicating contacts
[__hssrc] => Whenever HubSpot changes the session cookie, this cookie is also set to determine if the visitor has restarted their browser.
[__hstc] => The main cookie for tracking visitors.
[__hssc] => This cookie keeps track of sessions.
[messagesUtk] => This cookie is used to recognize visitors who chat with you via the chat flow tool. If the visitor leaves your site before they're added as a contact, they will have this cookie associated with their browser.
Hubspot cookie : https://knowledge.hubspot.com/reports/what-cookies-does-hubspotset-in-a-visitor-s-browser
NxFive [nxfive] => nxfive.com session/cookie name
[language_bar] => show/hide language bar, browser language detectionStripe :
[__stripe_mid] => Stripe, __stripe_mid. Set for fraud prevention purposes and helps us assess the risk associated with an attempted transaction.
[__stripe_sid] => Stripe_sid. Set for fraud prevention purposes and helps us assess the risk associated with an attempted transaction.
REPORTING AND ANALYTICS
Name
Function
Google Analytics [_ga] => Used to distinguish users.
[_gid] => Used to distinguish users.
[_gat_gtag_UA_219393716_1] => Used to throttle request rate.-
> https://developers.google.com/analytics/devguides/collection/gtagjs/cookie-usage
The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.
Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions above.
Do Not Track
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
CAN-SPAM Act
We are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”). All e-mails you receive from NXFIVE or through the Website are intended to fully comply with the CAN-SPAM Act. If at any time you would like to unsubscribe from receiving future e-mails, you can e-mail us at unsubscribe@NxFive.com and we will promptly remove you from all correspondence for the Website. You understand and agree that being removed from all correspondence for the Website may mean that you will not be aware of features and promotions on the site and may have other limited functionality.
Storage and Security
Subject to this Privacy Policy, and unless you otherwise provide us with specific instructions, we will only store your data for as long as is necessary to fulfill our Terms of Use with you and provide you with the Website, or as otherwise required by law. NxFive has implemented, and we routinely update and maintain appropriate administrative, physical, and technical security measures to help protect your data from unauthorized access. Some of the safeguards we use to protect your data are firewalls and data encryption, information access controls, controlled access to our facilities and 24/7 monitoring of our systems databases. You acknowledge that your acceptance of the Terms of Use and access to and use of the Website are voluntary and undertaken with full knowledge and awareness that such activities necessarily entail risks, including security breaches, unavailability, loss or corruption of data, and other inherent risks associated with computer software, communications via the internet, electronic communications, and processing. You should take special care in deciding what information you send or otherwise make available to us, and you should always back up any data or content you send or otherwise make available to us. Except as otherwise required by applicable law, NxFive shall not be liable for the storage or loss of any of your data or content. If you believe your credentials for accessing and using the Website have been compromised, please contact us immediately at security@NxFive.com.
Children Under the Age Of 16
We do not specifically or knowingly provide or market our Website to children under the age of 16 or collect, store, use, share, or otherwise process Personal Information from children under the age of 16. Where a parent or legal guardian provides Personal Information of the parent or legal guardian’s child, unless otherwise specifically stated by the parent or legal guardian, we will assume parental or legal guardian consent has been given to process the child’s Personal Information for the purpose of providing the Website.
Unsolicited Information
This Privacy Policy shall not apply to any unsolicited information you provide to us or another. This includes, but is not limited to, information posted to any public areas of NxFive Website, such as bulletin boards, any ideas for new products or modifications to existing products, claim or demand letters, Digital Millennium Copyright Act notices, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential, and we shall be free to reproduce, use, disclose, distribute, and exploit such Unsolicited Information without limitation or attribution. However, if any of your personal information is included in any Unsolicited Information, we will only process that personal information in compliance with this Privacy Policy and applicable law.
Amendments to Privacy Policy
NXFIVE may update this Privacy Policy at any time and from time to time by posting such updates on this web page and either providing notice to the last e-mail address you provided to us or providing you with notice by other similar means. If an update changes how we use your personal information or applicable law otherwise requires your consent, we will also seek your consent prior to such update applying to you. Upon providing notice as noted above, updates which do not require your consent will be effective regardless of whether your consent is obtained.