Privacy Policy

Last Updated: May 22, 2018

Overview

This is the privacy policy of Next Mountain Corporation. As described in greater detail in this Privacy Policy, we are committed to protecting your personal data. We consider this to be a vital part of our relationship with you. We commit that we will not share your personal data unless you’ve asked us to share, we’ve told you in advance that we will share as part of providing our services, we’ve removed information that could identify you, or legal rights of others are affected.

Scope

This Privacy Policy applies to users of our website, https://nxtmtn.com, and our products and services, and our mobile applications. We refer to our website, and products and services, and our mobile applications, in this Privacy Policy collectively as our services. This Privacy Policy describes the personal data that we collect from you, how we use this data and how we protect this data. By using our website, services, or mobile applications, you are agreeing to our collection and use of your personal data as described in this Privacy Policy.

How Our Services Work

Our services are designed to facilitate business growth for our users, by enabling them to develop and maintain relationships with their own customers, understand drivers of their business revenues, and monitor their own performance. Our users primarily interface with our services using mobile applications.

Information We Collect

We may collect your personal data and other information from you in the following circumstances:

Personal Data You Provide

We collect personal data from you when you voluntarily provide this information to us, such as when you register for access to our services, contact us with inquiries, link your accounts, respond to offers from third parties, respond to surveys, authorize us to contact third parties on your behalf, and enter data for processing via our services. Personal data that you voluntarily provide may include your name, address, email address, phone number, social media account information, and date of birth.

Please note that if you are located outside of the United States, by providing this information to us, you acknowledge and agree that this personal data may be transferred from your current location to our offices and servers and the authorized third parties referred to in this Privacy Policy, located in the United States.

Other Information We Collect

  • Non-Identifiable Data. When you interact with our services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. We may store this information itself or it may be included in databases owned and maintained by our agents or service providers. Our services may use this information and pool it with other information to track, for example, the total number of visitors to our website, the number of visitors to each page of our website, and the domain names of our visitors' internet service providers. It is important to note that your personal data is not is available or used in this process.
  • Cookies. In operating the services, we may use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our services gives to your browser when you access our services. Cookies help provide additional functionality to our services and help us analyze usage more accurately. For instance, our website may set a cookie on your browser that allows you to access our services without needing to remember and then enter a password more than once during a visit to our website. In all cases in which we use cookies, we will not collect personal data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of additional features of our services.
  • Aggregated Personal Data. In an ongoing effort to better understand and serve our users, we may conduct research on our customer demographics, interests and behavior based on the personal data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
  • Third Party Analytics. We may allow third party service providers to use cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the services. These third party service providers help us analyze how our users use our services, and can enhance your experience when you use our services. For example, we use Google Analytics, a web analytics service provided by Google, Inc . Google Analytics uses cookies to help us analyze how users use our service and website. For more information on how Google uses this data, go to https://www.google.com/policies/privacy/partners/. We also may allow third party service providers to report events, such as application malfunctions, with the goal of making the applications better for the end user. For example, we use Firebase reporting services, which are provided by Google, Inc.
  • Mobile Information. You are able to download our mobile applications through Google Play for Android, and the Apple App Store for iOS. When you use our mobile applications, we collect from your mobile device a unique identification number (including the Apple-recommended CFUUID (the Core Foundation Universally Unique Identifier) if you have an iPhone). When you use certain features of our mobile application, we may collect information about your location to provide you with location-based services and information. Many devices allow you to turn off location services, but if you do so, you may be unable to use all the features of our services.
  • Action Tags. We may use action tags (also called pixel tags, clear GIF, or beacons) to identify some of the web pages that you visit on our site and how you use the content on those pages. Action tags may also be placed in advertisements that third parties serve on our behalf on our website or third party websites. Action tags may collect and transmit data in a way that identifies you personally if you have registered with our website, or are logged into our website. We may also use action tags in our emails, to determine if you opened the email or forwarded it to another person. We may use action tags in our mobile application if you are accessing websites from links in our mobile application. These may identify the pages that you visit and how you use the content on those pages.

EU Data Subjects

Scope

This section applies solely to EU data subjects (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway).

Data Controller

Next Mountain is the data controller for the processing of your Personal Data, but we act as data processor on behalf of Clients for Personal Data that is Service Data we process through the Services. Please see the “Contact Us” section below to find out how to contact us.

Your Rights

Subject to applicable law, you have the following rights in relation to your Personal Data:

  • Right of access. If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
  • Right to rectification. If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
  • Right to erasure. You may ask us to delete or remove your Personal Data, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.
  • Right to restrict processing. You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
  • Right to data portability. Effective 25 May 2018, you have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
  • Right to object. You may ask us at any time to stop processing your Personal Data, and we will do so:
    • If we are relying on a legitimate interest to process your Personal Data -- unless we demonstrate compelling legitimate grounds for the processing or
    • If we are processing your Personal Data for direct marketing.
  • Rights in relation to automated decision-making and profiling. You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, that affect you, unless such profiling in necessary for entering into, or the performance of, a contract between you and us or you provide your explicit consent.
  • Right to withdraw consent. If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing of your data before we received notice that you wished to unsubscribe.
  • Right to lodge a complaint with the data protection authority. If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

You may exercise your rights by contacting us as indicated under “Contact Us” section below.

Legitimate Interest

“Legitimate interests” means the interests of Next Mountain in conducting and managing our organization. For example, we have a legitimate interest in processing your Personal Data to analyze how the Site and our products and services are being used by you, and to ensure network and information security, as described in this Privacy Policy. When we process your Personal Data for our legitimate interests, we make sure to consider and balance any potential impact on you and your rights under data protection laws. Our legitimate interests do not automatically override your interests. We will not use your Personal Data for activities where our interests are overridden by the impact on you, unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object to processing that is based on our legitimate interests. For more information on your rights, please see “Your Rights” section above.

Data Transfers

Next Mountain is based in the United States, and we generally use service providers (described above) based in the United States to operate our business and our relationship with you. When you use our Site and the Services, you acknowledge and agree that your Personal Data will be transmitted to our and our service providers’ servers in the United States to provide you with the services that you requested, administer our contract with you or to respond to your requests as described in this Privacy Policy. The United States may have data protection laws less stringent than or otherwise different from the laws in effect in the country in which you are located. Where we transfer your Personal Data out of the EEA we will take steps to ensure that your rights continue to be protected.

Data Retention

We will keep your Personal Data only for as long as is reasonably necessary for the purposes outlined in this Privacy Policy, or for the duration required by law, whichever is the longer.

Changes

We will notify you of changes to the data processing activities described in this Privacy Policy by email or by posting a prominent notice on the Site.

How We Use Your Information

We will use the personal data you give us to provide you with our services, in a way that is consistent with this Privacy Policy. Please note that if you provide your personal data for one part of our services, we may use it for another for another part of our services. For example, if you contact us by email, we may use the personal data you’ve submitted to us to provide you with the answer to your question or resolve your problem. Also, if you provide personal data in order to obtain access to our services or to link your social media, financial, or other accounts, we will use your personal data to provide you with access to these services and features and to monitor your use of these services.

We may also use your personal data and other personally non-identifiable information collected through our services to help us improve the content and functionality, to better understand our users and to improve our services. We may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

If we plan to use your personal data in any manner that is not consistent with this Privacy Policy, you will be informed prior to or at the time when your personal data is collected.

How We Can Disclose Your Information

We are committed to protecting your personal data. We consider this to be a vital part of our relationship with you. We commit that if we share your data, it will be only in the following circumstances.

  • You’ve Asked Us To Share. We may share your data where you have consented or otherwise given us permission to share your data. We will not share your personal information with third party product providers without your express consent. Note that if you decide to pursue an offer from a third party product or service providers, you may be asked to provide information directly to that provider, including your personal data. Using our services does not require that you provide any information directly to such providers, unless you wish to.
  • Aggregated or De-Identified. Although we will not share your personal information without your consent, we may share information that is aggregated or de-identified, so that it cannot reasonably be used to identify you. For example, we may share aggregated or de-identified information with third party providers to permit them to provide services that are more relevant to you.
  • With Third Parties Needed to Provide Our Services. We may share your information with third party service providers who we use in delivering our service. Examples include providers who provide us with technology services such as hosting providers, identity verification, support, payment, and email service providers. We provide these providers with only the information they need to perform the specific function.
  • Legal Rights. We may share your information if required by applicable law or legal process, or if we believe it is in accordance with applicable law or legal process. This can include protecting the rights, property and safety of our company, our users and the public, including, for example, in connection with court proceedings, or to detect or prevent criminal activity, fraud, material misrepresentation, or to establish our rights or defend against legal claims.
  • Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, your personal data may be part of the transferred assets.

Updating or Deleting Your Data

If you need to update your personal data, our services generally provide means to do so. For example, the mobile applications provide access to your profile settings, from which you can make modifications to your personal data. Otherwise, if there are extenuating circumstances, please contact us at support@nxtmtn.com. We will take reasonable steps to update or correct your personal data in our possession that you have previously submitted through our services.

You can also choose to not provide us with personal information, but you may not be able to use some of our services. You may terminate your account with us at any time, and our services generally provide means to do so. For example, the mobile applications provide access to your profile settings, from which you can delete your account. Otherwise, if there are extenuating circumstances, please submit a request to support@nxtmtn.com. Please note that we may retain your personal data and other information beyond the end of your relationship with us in accordance with our internal record-keeping policies and with applicable law, including to comply with legal reporting obligations.

Unsolicited Information Not Covered

This Privacy Policy does not apply to any unsolicited information you provide to us. This includes, but is not limited to, information included in User Content (as defined in our Terms of Service) or posted to any public areas of our website, any ideas for new products or modifications to existing products, and other unsolicited submissions. If you make an unsolicited submission, we will not treat this as confidential and we can reproduce, use, disclose, and distribute this information to others without limitation or attribution. For the safety and security of your information, please do not submit information to us other than when we specifically ask you for it.

Children

We do not knowingly collect personal data from children under the age of 13. If you are under the age of 13, please do not submit personal data to us. If you have reason to believe that a child under the age of 13 has provided personal data to us, please contact us at support@nxtmtn.com, and we will endeavor to delete that information from our databases, subject to applicable law.

Links to Other Websites or Services

This Privacy Policy applies only to our website, our applications, and our services. Our website, applications, or services may contain links to other websites or services not operated or controlled by us, including websites and services operated by the third party product providers who may make offers available to you through our services. The policies and procedures we described here do not apply to the websites of these third parties. The links from the services do not imply that we endorse or have reviewed the websites of these third parties or their respective privacy policies. We suggest you contacting those websites directly for information on their privacy policies.

Integrating Social Networking Services

One of the features of our services is you can connect various social networking services, like Google, Facebook, or Twitter, to your account with us. By directly integrating these services, we aim to make your online experiences richer and more personalized. To take advantage of this feature, we will ask you to log into or grant us permission via the relevant social networking services. When you add a social networking service account to our service or log into our service using your social networking services account, we will collect relevant information necessary to enable our services to access that social networking service and your data contained those social networking services. As part of this integration, the social networking services will provide us with access to certain information that you have provided to the social networking services, and we will use, store and disclose such information in accordance with this Privacy Policy. However, please remember that the manner in which social networking services use, store and disclose your information is governed by the policies of those third parties, and we have no liability or responsibility for the privacy practices or other actions of any social networking services that may be enabled within our services. You may also have the option of posting your account activities to social networking services when you access content through our services (for example, you may post to Facebook that you performed an activity using our services). You acknowledge that if you choose to use this feature, your friends, followers and subscribers on any social networking services you have enabled will be able to view such activity.

Security

We take reasonable steps to protect your personal data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free.

Our Terms of Service

Your access to and use of our services is also subject to our Terms of Service at https://nxtmtn.com/terms.

Changes to This Policy

Our business and services may change from time to time. As a result, at times it may be necessary to make changes to this Privacy Policy. If we make changes, we will notify you by revising the date at the top of this page. If we make material changes, we will do so in accordance with applicable legal requirements, and we will post a notice on our website and mobile app alerting you to the material changes prior to such changes becoming effective. Your continued use of our services after any changes or revisions to this Privacy Policy will indicate your agreement with the terms of such revised Privacy Policy.

Contact Us

You may contact us by mail at 430 Pepper Ave, Palo Alto, CA 94306, or by email at support@nxtmtn.com.

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