Privacy Policy

Table of Contents

1. Personal Information We Collect
2. Sources of Personal Information We Collect
3. How We Use Personal Information
4. How We Disclose Personal Information
5. Additional Privacy Information for Certain Jurisdictions
   • California Notice at Collection
   • Additional Information for California Residents
   • Additional Information for Residents of States with Applicable Privacy Laws
6. Non-US Residents
7. Children’s Information
8. Additional Notices
9. Changes to This Privacy Policy
10. Contact Us

Personal Information We Collect

In order to maximize your experience and provide our Services, we may process personal information from the categories listed below. Our listing of these categories does not mean that all categories or the examples listed in each category are collected from everyone who uses our Services or otherwise interacts with us. We are providing a detailed list here in the spirit of transparency.

• Identifiers: This may include your name, address, email address, telephone number, IP address, cookies and other similar online identifiers.
• Internet or other electronic network activity: This may include your browser type, browser identifier, session information, site navigation data, and other similar information (collected via the use of cookies, and other similar technologies).
• Geolocation data: This may include your approximate location inferred from IP address or interaction with geotargeted ads.
• Commercial information: This may include purchase invoices, records of services purchased and/or considered, payment information, and business contact information.
• Audio, electronic, visual, thermal, olfactory, or similar information: This may include audio data gathered during phone calls and photos/videos uploaded by our customers.

Sources of Personal Information We Collect

We collect the categories of personal information listed above from various sources. This section lists and describes those sources.

Directly from you. We collect personal information directly from you when you provide it to us, for example, when you submit a service request/quote; subscribe to email updates; upload or submit any content or other material through the Services; or request information or contact us with inquiries through the Services or via email.

Indirectly from you. We may automatically collect personal information from you when you visit the Services through the use of tracking technologies or by other passive means. This “passively collected” information helps us to improve our offerings and allows us to ensure our Services work as designed and in a way that meets your expectations. Some examples include:

• Log Information. Through the use of analytics tools, we may automatically record information that your browser or mobile device sends when you access our Services. This information may include information such as your type, browser language, your computer operating system, your mobile device and mobile operating system, the name of your internet service provider or your mobile carrier, the date and time of your request, etc.
• Cookies and Similar Tracking Technologies. When you visit or access the Services, we may utilize cookies (small text files containing a string of characters sent to your computer) or similar tracking technologies that uniquely identify your browser to track your activity and hold certain information. Cookies can be necessary for site navigation and performance, or used for advertising. We use the following types of cookies:
  • Necessary Cookies help you navigate on our websites and access certain features. For example, these cookies make sure your basket is saved during all the steps of your checkout process.
  • Functional Cookies are there so we can give you an even smoother customer experience.
  • Performance Cookies help us to understand the behavior of our visitors on our websites. This enables us to keep improving our Services.
  • Customer Interaction Cookies are used for you to express your opinion. We love to know what you think about our Services. These cookies will enable you to like or recommend us on social media and to chat with our service agents. But you can also advise our other (potential) customers by rating and reviewing our products.
  • Advertising/Targeting Cookies will remember your product and buying preferences. We believe advertising is all about relevance. These cookies enable us to share what you like with our advertisers. So if you are browsing the internet or using a social media app the advertisements you see can be more relevant to your preferences.

Most web browsers accept cookies automatically but can be configured not to do so or to notify the user when a cookie is being sent. If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies. Please note that if you disable all cookies, you may not be able to use some features of our websites.

From third parties. We may collect Personal Information about you from third parties, either at your request or for our business purposes. These third-party sources vary, but could include the following:

• Technical Service Partners. We work with a variety of third-party service providers to enhance the Services and make it function the way you expect. Our technical service partners provide website hosting, marketing, website usage analytics, advertising, and maintenance services. Many of these categories overlap with the passively collected personal information described above. In working with our service providers, we may share personal information with them and receive personal information back from them so that we may improve the Services.
• Payment Processors. We use third parties to process your payments. These third-party solutions are integrated into the Services so you may not always realize the information is not stored by us.

How We Use Personal Information

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

• To provide you information about our Services, including newsletters and materials related to our marketing initiatives. This may include newsletters and emails that directly promote our Services and may contain, in whole or in part, advertisements for or that relate to our Services.
• To communicate with you. This may include responding to customer service requests and other inquiries related to our Services.
• To process your payment for purchases.
• To customize and target our advertisements.
• To authenticate and verify individual identities.
• To share testimonials, reviews or comments you provided.
• To provide our Services and fulfill our contractual obligations.
• To improve our Services.
• To protect the security or integrity of our Services. including by protecting against, detecting, or investigating malicious, deceptive, fraudulent, or illegal activity.

We do not share your personal information with outside parties except to the extent necessary to provide information to you or as stated in this Privacy Policy.

We may create anonymous data records from personal information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to perform statistical analyses of users’ aggregate behavior so that we may enhance the content of our Services and improve website navigation. We reserve the right to disclose anonymous data to third parties in our discretion. We also may use this information in the aggregate to analyze website usage, as well as to offer you products, programs, or services.

How We Disclose Personal Information

We may share your data with third party vendors, service providers, contractors, or agents (“third parties”) who perform services for us on our behalf and require access to such information to do that work. The categories of third parties we may share personal information with for this purpose include, but are not limited to, providers of:

• Customer Support Services
• Data Analytics Services
• Cloud Computing Services
• Payment Processors
• Website Hosting Services

We may also disclose or share the information we collect in connection with our Services with the following recipients and/or under the following circumstances:

• Government and Legal Authorities. We may disclose personal information in response to lawful requests by governmental and other legal authorities, including requests from national security agencies, consumer protection agencies, courts, and similar authorities.
• Business Transfers/ Transactions. In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your information and other information we have collected from users of the Service to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.
• Safety, Fraud and Government Requests. To the extent permitted by law and in addition to the disclosures discussed above, we may disclose your personal information to government authorities or third parties if: (a) required to do so by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect our property or other rights or those of other users of the Services, third parties or the public at large; or (c) we believe that you have abused the Services by using them to attack other systems or to gain unauthorized access to any other system, to engage in spamming, or otherwise to violate applicable laws or in violation of our Terms of Service. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.

Additional Privacy Information for Certain Jurisdictions

Residents of certain states have additional rights under applicable privacy laws, as described in this section. If you are a resident of California, please review our California Notice at Collection provided in Subsection 1. Subsection 2 includes additional information about your privacy rights under applicable California privacy laws. If you are a resident of another state that has enacted an applicable privacy law, please review Subsection 3 below for additional information about your privacy rights under applicable state privacy laws.

The California Code of Regulations defines a “resident” as:

• Every individual who is in the state of California for other than a temporary or transitory purpose, and
• every individual who is domiciled in the state of California who is outside the state of California for a temporary or transitory purpose.

All other individuals are defined as “non-residents.”

California Notice at Collection

This Notice provides California residents with information about our collection, use, and disclosure of their personal information. Please reference the other sections of the Privacy policy for more information about our privacy practices.

This Notice is provided pursuant to the California Consumer Privacy Act, as modified by the California Privacy Rights Act of 2020 (the “CCPA”) supplements and should be read in conjunction with this Policy. The information in this section applies solely to consumers who reside in the State of California.

Categories of Personal Information

Category	Examples	Purpose, Use, and Disclosure of Personal Information
Identifiers	This may include your name, address, email address, telephone number, IP address, cookies and other similar online identifiers.	• To provide you information about our Services, including newsletters and materials related to our marketing initiatives. In some instances, we disclose this information to third parties for this purpose. • To communicate with you. This may include responding to customer service requests and other inquiries related to our Services. In some instances, we disclose this information to third parties for this purpose. • To process your payment for purchases. In some instances, we disclose this information to third parties for this purpose. • To customize and target our advertisements. In some instances, we disclose this information to third parties for this purpose. • To authenticate and verify individual identities. • To share testimonials, reviews or comments you provided. • To provide our Services and fulfil our contractual obligations. • To improve our Services. In some instances, we disclose this information to third parties for this purpose. • To protect the security or integrity of our Services. including by protecting against, detecting, or investigating malicious, deceptive, fraudulent, or illegal activity.
Internet or other electronic network activity	This may include your browser type, browser identifier, session information, site navigation data, and other similar information (collected via the use of cookies and other similar technologies).	• To improve our Services. In some instances, we disclose this information to third parties for this purpose. • To protect the security or integrity of our Services. including by protecting against, detecting, or investigating malicious, deceptive, fraudulent, or illegal activity.
Geolocation data	This may include your approximate location inferred from IP address or interaction with geotargeted ads.	• To improve our Services. In some instances, we disclose this information to third parties for this purpose. • To customize and target our advertisements. In some instances, we disclose this information to third parties for this purpose.
Commercial information	This may include purchase invoices, records of services purchased and/or considered, payment information, and business contact information.	• To process your payment for purchases. • To provide our Services and fulfil our contractual obligations.
Audio, electronic, visual, thermal, olfactory, or similar information	This may include audio data gathered during phone calls and photos/videos uploaded by our customers.	• To provide our Services and fulfil our contractual obligations. • To communicate with you. This may include responding to customer service requests and other inquiries related to our Services. In some instances, we disclose this information to third parties for this purpose.

Collection, Use and Disclosure of Personal Information

Selling and Sharing of Personal Information

NearU does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age. That said, we may share information with third-party advertising partners for the purpose of promoting our Services as described above, such as for targeted advertising. visiting our “Do Not Sell or Share My Personal Information” page.

We may share the following categories of data with Advertising partners for this purpose:

• Identifiers
• Commercial Information, and,
• Internet or Other Electronic Network Activity.

To the extent that such sharing is considered a “sale”, “sharing”, or “targeted advertising” under applicable state law, you may limit such sharing by following the instructions found below in the section titled “Exercising Your Rights” or by contacting us as set forth in “Contact Us.”

Retention of Personal Information

We maintain the categories of personal information described above for as long as is necessary for the purposes described in this Notice or as otherwise authorized by law. This generally means holding the information for as long as one of the following apply:

• Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;

• Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected;

• Your personal information is reasonably required to protect or defend our rights or property, which will generally relate to applicable laws that limit actions in a particular case; or

• We are otherwise required or permitted to keep your personal information by applicable laws or regulations.

Where personal information is used for more than one purpose, we will retain it until the purpose with the latest period expires.

Additional Information for California Residents

The categories of and the sources from which we collect personal information vary based on our relationship or interaction with a specific California resident and the business purpose for which the personal information is collected. Please reference the “Personal Information We Collect” and “Sources of Personal Information We Collect” sections for more information about these practices. Details regarding how we may share your personal information is available in the “How We Disclose Personal Information” section above.

California Consumer Rights

Subject to certain exceptions, as a California resident, you have the following rights to your personal information:

Right to Know and Access: Request access to your personal information that we have collected, used, disclosed, or sold about you, including:

• The categories of personal information we have collected about you, including:
  • The categories of sources from which the personal information was collected;
  • Our business or commercial purposes for collecting or disclosing personal information;
  • The categories of recipients to which we disclose personal information; and
  • The categories of personal information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of personal information; or
• The specific pieces of Personal Information we have collected about you.

Right to Deletion: Request deletion of your personal information that we collected from you and retained, subject to certain limitations. If you ask to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as but not limited to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Exercise free speech to ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code 1546 seq.).
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Right to Correction: You have the right to request that we correct personal information we maintain about you that you believe is inaccurate.

Right to Opt-out of Sales and Sharing: You have the right to opt-out of your personal information being shared for purposes of targeted advertising.

Right to Limit Use and Disclosure of Sensitive Personal information: We do not use or disclose sensitive personal information in any way that is governed by the CCPA.

Right to Non-Discrimination for the Exercise of Rights: You have the right to be free from unlawful discrimination for exercising your rights under the CCPA. We will not discriminate against you based upon your exercising your rights with respect to your personal information.

Exercising Your Rights

If you are a resident of California and wish to exercise any of these rights, you can contact us by email to [email protected] or by calling us at (980) 892-6400.

When submitting your request, you must provide sufficient information that allows us to verify you are the person about whom we collected personal information or their authorized agent. This information includes your first and last name, email address, and billing address. When submitting your request, please provide sufficient detail that allows us to properly understand, evaluate and respond to the request. We will only use personal information provided in your request to verify your identity or authority to make the request. If we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud prevention purposes. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you.

Authorized Agents

You have the right to designate an authorized agent to act on your behalf to exercise your rights under the CCPA. In order to do so, NearU must verify your identity, and your authorized agent must have written permission from you. We reserve the right to deny a request from an agent that does not submit proof that they are authorized to act on your behalf.

Response Timing

We will attempt to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and the necessary extension period in writing.

Additional Information for Residents of States with Applicable Privacy Laws

Residents of certain U.S. states other than California have the right to receive disclosures regarding a business’ processing of “personal data”, as defined under Applicable Privacy Law. Residents of these states may have unique rights with respect to our processing of such personal data. To the extent you are a resident of a state with such a privacy law, and we collect, use or disclose personal data subject to your state’s privacy law, this section of our Policy applies. For more information about the personal data we collect, use and disclose, please see “Personal Information We Collect,” “How We Use Personal Information,” and “How We Disclose Personal Information” sections in this Policy.

Consumer Rights

Under Applicable Privacy Law, you have the following rights:

• Right to Access: You have the right to confirm whether or not we are processing your personal data and to access such personal data.

• Right of Portability: You may have the right to obtain a copy of the personal data that you previously provided to us in a format of our choosing as long as it is accessible and machine readable.

• Right to Delete: You have the right to ask us to delete certain personal data we have collected about you.

• Right to Correction: You have the right to ask us to correct inaccuracies in the personal data we have collected.

• Right to Opt-out of Sale: A “sale” includes disclosing or making available personal data to a third party in exchange for money. We do not “sell” personal data as defined under Applicable Privacy Laws; thus, this right is not available consumers at this time.

• Right to Opt-out of Targeted Advertising: You have the right to opt out of the processing of your personal data if it is used for targeted advertising. Applicable state privacy laws may provide the right to opt out of the processing of personal data for decisions that produce legal or similarly significant effects concerning you.

Exercising Your Rights

If you are a resident of a state that has enacted a comprehensive privacy law and wish to exercise any of these rights, you can contact us by email to [email protected] or by calling us at (980) 892-6400.

Residents of certain jurisdictions have the right to designate an authorized agent to exercise opt-out requests on your behalf. In accordance with applicable law, we will honor such requests if you reside in one of these jurisdictions.

Verification Process

We may request that you provide additional information reasonably necessary to verify you and your consumer’s request. If you submit the request through an authorized agent, we may need to collect additional information to verify your identify before processing your request. If you are using an authorized agent to exercise your rights, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Response Timing

Upon receiving your request, we will attempt to respond within 45 days. The response period may be extended when reasonably necessary. We will inform you of any such extension within 45 days of receiving your request, together with the reason for the extension.

Right to Appeal

If we decline to take action regarding your request, we will inform you of our decision and reasoning behind it. If you wish to appeal our decision, please e-mail us at [email protected]. Within 60 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reason(s) for the decision. If your appeal is denied, you may contact your state’s Attorney General to submit a complaint related to the denial.

Non-US Residents

If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using the Services, you consent to this transfer and the processing of your data (personal or otherwise) in accordance with this Privacy Policy, to the fullest extent allowed under the law. You also consent to the adjudication of any disputes arising in connection with this website in the federal and state courts of, and in accordance with the laws of, the State of North Carolina. The applicable laws in the United States regarding the processing of data (personal or otherwise) may be less stringent than the laws in your country.

We make no claim that the Services are appropriate for use outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with laws of your jurisdiction.

Children’s Information

Our online Services are not directed towards children, minors or anyone under the age of 18. Please do not send us any information about anyone under the age of 18, like names, addresses or email addresses. In general, we do not knowingly collect personal information from those under 18.

Additional Notices

Unsubscribe from Marketing Emails

If you have provided us with an email address, we or our business partners may email you information about relevant products and services. You may opt-out of receiving those communications by following the “unsubscribe” instructions that are included in those emails.

Third-Party Links

The Services may contain hyperlinks to other websites or advertisements of third parties. We do not control and are not responsible for the privacy practices or the content of such third-party websites or advertisers. We do not share any of the individual personal information you provide us with the websites to which we link, except as stated elsewhere within this Privacy Policy, although we may share aggregate data with those third-parties. Please check with those third-party sites to determine their privacy policies. When and if we embed third party content into a page of our websites, we will use reasonable efforts to ensure that it is evident we are doing so or to advise our users that they have exited our Services and are entering a third-party controlled website. You should read and understand any privacy policy noted on all third-party websites that you visit.

Changes to This Privacy Policy

We reserve the right to modify the Terms and Conditions, Privacy Policy or other disclaimers or legal terms at any time without giving you prior notice. Your use of the Services following any such modification constitutes your agreement to follow and be bound by such modifications. For this reason, we encourage you to review the Terms and Conditions, Privacy Policy and other terms whenever you use our Services.

Contact Us

Please contact us if you have any questions or concerns. Our contact details are as follow:

Mailing Address:NearU Services, 3700 Arco Corporate Dr Ste 125, Charlotte, North Carolina, 28273

Phone: (980) 892-6400

Email: [email protected].