We, Nimble Beauty Inc. and its affiliates (collectively, "Nimble", "we", "our" or "us") respect the privacy of our Users (“User(s)”, or “you”) and believe that you have a right to know our practices regarding the information we may collect and use about you when you use our mobile application (the “App”), our website at nimblebeauty.com and its subdomains (the “Site”) and/or our Services (as such term is defined in our Terms of Use), including our online store (the “Store”). We are committed to protecting the personal information that you share with us. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it.

Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms of Use at nimblebeauty.com/terms (the “Terms of Use”), into which this Privacy Policy is incorporated by reference. 

1. Your Consent (PLEASE READ CAREFULLY!)

This privacy policy (the “Privacy Policy”) details how your Personal Information collected via the Site, App, Store and/or Services is used and processed by us. 

BY DOWNLOADING AND/OR INSTALLING THE APP ON YOUR MOBILE DEVICE, ENTERING INTO, CONNECTING TO, ACCESSING AND/OR USING THE APP AND/OR BY ENTERING, ACCESSING OR USING THE SITE AND/OR STORE AND/OR THE SERVICES AND/OR BY REGISTERING TO THE SITE AND/OR APP AND/OR STORE AND/OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY, INCLUDING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION AS SPECIFIED HEREIN. PLEASE NOTE: IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT DOWNLOAD OR INSTALL THE APP, AND YOU MAY NOT ENTER, CONNECT TO, ACCESS OR USE THE SITE AND/OR STORE AND/OR THE APP AND/OR OUR SERVICES IN ANY MANNER, AND YOU ARE REQUESTED TO PROMPTLY UNINSTALL THE APP FROM YOUR MOBILE DEVICE.

FOR AVOIDANCE OF DOUBT, YOU HEREBY CONSENT TO THE COLLECTION, PROCESSING, TRANSFER AND USE OF YOUR PERSONAL INFORMATION. YOU ALSO ACKNOWLEDGE AND CONFIRM THAT YOU ARE NOT REQUIRED TO PROVIDE US WITH YOUR PERSONAL INFORMATION AND THAT SUCH INFORMATION IS VOLUNTARILY PROVIDED TO US. 

YOU HEREBY AGREE AND CONSENT TO RECEIVE COMMUNICATIONS, MESSAGES AND/OR NOTIFICATIONS FROM US (INCLUDING EMAILS AND TEXTS), VIA THE CONTACT INFORMATION YOU HAVE PROVIDED, INCLUDING MESSAGES RELATED TO THE SERVICES (SUCH AS PAYMENT CONFIRMATIONS AND GENERAL UPDATES), AND COMMERCIAL MATERIALS, FROM NIMBLE OR ITS THIRD-PARTY BUSINESS PARTNERS, SUBJECT TO APPLICABLE LAW.

2. Which information we may collect on our Users? 

We may collect two types of data and information from our Users:

2.1. Non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from whom we have collected the Non-personal Information. Non-Personal Information is any unconcealed information which does not enable identification of an individual User, and which is available to us while such User is entering into and/or using the Site, the App, the Store and/or the Services. You may access and browse certain parts of the Site and/or the Store without disclosing personal information, although, like most websites and online services, we passively collect certain Non-Personal Information from your devices when you access and browse our Site, App and/or Services, including: (i) technical information such as the type and version of your device and its operating system, the type of browser, screen resolution, device browser and keyboard language, Wi-Fi connectivity and the type and name of your device and/or browser, etc.; and (ii) behavioral information which may include the User’s click-stream on the Site and/or App, the activities of the User on the Site and/or App and/or the Store and additional information of a similar nature (collectively, “Technical and Behavioral Information”). We also use third-party service providers such as Google Analytics to obtain detailed analytics on the User's behavior on the Site, App and/or Store.

Please note that we or our third-party service providers will collect such Technical and Behavioral Information by using certain technologies such as cookies, as further detailed below. 

2.2. Personally identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature. 

2.2.1. Personal Information which is provided consciously and voluntarily: 

• Account: Personal Information is collected from the details the Users provide as part of opening an Account, which includes full name, phone number and email address. Additional information may be requested in the future.

• Device Data: we may collect Technical and Behavioral Information and other data and content from the Device that you have paired with the App and your Account, including: (i) photos of your nails, (ii) your Wi-Fi connectivity details and password, and (iii) data regarding your use of the Device, which includes without limitation your periods of use, location of use, and manicure information. Nimble may collect and process additional data in the future. Please note that, as further detailed in our Terms of Use, we may anonymize such data and materials and use them at our discretion for our own business purposes. 

• Purchase of Products: Personal Information is collected when ordering Products via the Store, including your full name, phone number, email address, home address and any other information necessary to complete the transaction. 

• The Services: we may collect certain information as part of your use of the App, Site, Store and/or Services, such as your activity on the App, Site, Store and/or Services, you preferences, Products purchased, Products that you may have shown interest in, etc.

• Payments: in order to purchase Products via the Store, you will be required to use certain Online Payment Processors which will require you to fill out a billing form wherein you will be required to provide to such Online Payment Processors certain Personal Information (such as, a credit card number and other related billing information) (see Section 7 below regarding the payment method). We will not store such information on our servers. We only keep token information such Online Payment Processors provide us with, and such information is strictly secured

• User Content: Personal Information is collected from the User Content that Users may upload to the Site, App, Store and/or Services, at their discretion, including any Personal Information which may be included in photos that the Users upload to the Site and/or App, comments and reviews. Users bear sole responsibility for such User Content and for any consequences of the use of such content by Nimble and by third parties. Without derogating from the Terms, you hereby acknowledge that all User Content may be made publicly available, and you hereby represent and warrant that you have obtained all necessary consents and approvals in order to publish User Content, including in case that such content includes any Personal Information of any third party.

• Communications with Nimble: Personal Information is collected from the details the Users provide as part of any communications with Nimble, by any means, including without limitation, by e-mail, telephone or otherwise. Such Personal Information may include your name and contact details and any other information which you may voluntarily provide to us. 

• Waitlist and newsletter: you may voluntarily join our Product waitlist and/or our newsletter by providing us with your email address.

• Contact Us: when using our "Contact Us" form available via the Site, we may collect certain information, such as your full name and email address. You may also provide to us free text which includes personal information.

2.2.2.   Personal Information collected via technology: 

• Identifiers: during your use of the Site, App, Store and/or Services, we will access, collect, process, monitor and/or remotely store online identifiers, such as Internet Protocol (IP) address (or MAC Address, as applicable), AD-ID or other unique identifiers, for security, statistical and metric purposes and for targeted and behavioral advertising purposes.

• Geolocation data: while using the Site, App, Store and/or Services we will access, collect, process, monitor and/or remotely store "geolocation data", including through the collection of IP addresses. GPS signals and other similar information to determine your location for analytics and security purposes and for targeted and behavioral advertising purposes.

• Technical and Behavioral Information: to the extent that the Technical and Behavioral Information detailed above under Section ‎2.1 will be linked to or associated with a specific individual then such information will be considered as Personal Information.

• Emails - we may use tracking technology within the email we may send you in order to improve interactions with you and to better understand whether our emails were opened and read, and such tracking may include capturing the time and date in which you opened our email messages and the type of device you use to open such emails.

2.3. Please note: 

• We may cross-reference Personal Information with other Personal Information we have about you and any Non-personal Information connected or linked to or associated with any Personal Information shall be deemed as Personal Information as long as such connection, linkage or association exists. 

• We may use third-party tracking services and usage logs, to track and analyze data from Users of the Site and for purposes of security and fraud prevention and for targeted and behavioral advertising purposes. We may also use cookies and other tracking technologies to gather information regarding your use of the Site, App, Store and/or Services and the information for which you searched and accessed (for more information please see below).

3. How Do We Collect Information about Our Users?

There are a few main methods that we use in order to collect information: 

3.1. We collect information through your entry, connection and/or use of the Site, App, Store and/or Services. In other words, when you are using the Site, App, Store and/or Services we are aware of it and may gather, collect and store the information relating to such usage. For example, when you use the Site, App and/or Services, we gather your Technical and Behavioral Information.

3.2. We collect information which you provide us voluntarily. For example, we collect Personal Information when you create an Account, when you communicate with us through email correspondence, telephone, social network pages, etc. We may gather, collect and store such information either independently or through the help of our authorized third-party service providers as detailed below.

4. What are the purposes of the collection and processing of information? 

4.1. Non-personal Information is collected: 

• For the purpose of research and statistical analysis intended for our internal use, and among other things so that we can make informed strategic decisions, while having a better understanding of our target audiences;

• To create statistical information and learn about the preferences of Users and general trends on the Site and/or App and/or Store (e.g., to understand which features are more popular than others). 

• For information security needs and in order to secure our Site, App and/or Services;

• To understand how our Site, App, Store and/or Services are used and to adapt, develop and improve our services and products;

• To partner with advertising networks and advertising intermediaries to display advertising on your devices (including on third party sites and platforms and across devices) about Nimble, our products, the Site, App and/or Services and to help us and our partners make better decisions, based on your interests, about the ads shown to you; and

• To adapt the Site, App and/or Services to your needs and to improve your user experience when you use the Site, App and/or Services.

4.2. Personal Information is collected in order to:   

• Enable the operation of the Site, App, Store and/or Services;

• Respond to your inquiry;

• Verify your identity when you sign-in to your Account via the App and/or Site;

• Personalize your experience on the Site and/or App and/or Store;

• Contact you with proposals and tailored information regarding new services, products, events, offers, features, enhancements, special offers, upgrade opportunities, events of interest, etc.;

• Improve the quality of the Site, App, Store and/or Services by formulating, customizing and enhancing the User experience;

• Ensure that the content on the Site, App, Store and/or Services is presented in an optimal way for you and for your device (e.g., tablet, mobile phone);

• Send you by email, through push notification or through the post updates, commercial and marketing content, newsletters, notices, announcements, and additional information related to Nimble and Nimble’s products and/or services;

• Conduct internal operations, such as: troubleshooting, data analysis, testing, research and statistical purposes;

• Email tracking – we may use tracking technology within the email we may send you in order to improve interactions with you and to better understand whether our emails were opened and read, and such tracking may include capturing the time and date in which you opened our email messages and the type of device you use to open such emails; 

• Keep the Site, App and/or Services safe and secured and for prevention of fraud and crime;

• Enable our third-party advertising service providers to present you with our advertisements on websites and apps across the Internet and across devices. You may opt-out from such advertising activities by following the directions detailed below.

• Comply with our legal obligations and in order to be able to protect our rights and legitimate interests, including in order to improve the Site, App, Store and/or Services.

• Enable payment through third party Online Payment Processors. Please note that we do not collect and store credit card or other financial information. 

• Conduct internal operations, including troubleshooting, data analysis, testing, research and statistical purposes, including in order to improve our App, Site, Store and/or Services. Please note that in general we analyze aggregate data for such purposes, rather than specific user data, however we may need to analyze a specific case to address a specific problem; and

• Maintain our data processing records and general administrative purposes.

5. Deletion or Modification of Personal Information

We acknowledge that you have the right to access and change the Personal Information we collect and process about you. You may update your Personal Information independently via the Site and/or App. However, if you find that you are unable to do so or if you wish to access or to correct, amend, or delete Personal Information, please send us an email to: privacy@nimblebeauty.com and we will respond within a reasonable timeframe, but in any event no later than permitted by applicable law. 

Note that unless you instruct us otherwise we may retain and use your Personal Information after termination of your Account, for as long as reasonably required for the purposes of which such Personal Information was collected, including without limitation, for future analytics and analysis, in order to comply with our legal or business requirements or obligations, to resolve disputes, to enforce our Terms and/or to enable the User to reinstate his/her Account, all as permitted under any applicable privacy laws. Aggregate and/or anonymous information derived from your Account and/or use of the Service may remain on Nimble servers indefinitely.

6. Sharing Information with Third Parties

6.1. Nimble respects your privacy and will not disclose, share, rent, or sell your Personal Information to any third party, other than as permitted under this Privacy Policy. 

6.2. In addition to using the information collected by us for the purposes described under Section ‎4 above, we may also share your information in the following cases: 

• Service Providers: Please note that we collect, hold and/or manage Personal Information through Nimble's authorized third parties vendors of certain products or services (such as, cloud services) (including, as applicable, their affiliates) solely and limited to providing us with such requested services, and not for any other purposes. Such vendors may be located in a country that does not have the same data protection laws as your jurisdiction. For more information regarding our Service Providers, please refer to Section 8 below.

• In addition, we may share Personal Information in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy and/or the Terms of Use, including investigation of potential violations thereof, and to defend against any claims or demands asserted against us by you or on your behalf; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (e) to protect the rights, property, or personal safety of Nimble, its Users or the general public; (f) by virtue of undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of the assets of Nimble, so long as such acquirer maintains the same privacy terms hereunder; or (g) pursuant to your explicit approval prior to the disclosure. 

6.3. For avoidance of doubt, Nimble may use Non-personal Information and transfer and disclose it to third parties at its discretion, including without limitation for statistical, analytical and research purposes and for customization, developing and improvement of the Site, App, Store and/or Services.

7. Payment Processors 

We accept certain online payment methods, using our Online Payment Processors, which enable Users to render payments securely online using a credit card number or bank account. We may add or change the Online Payment Processors at our sole discretion. Nimble is not affiliated with such Online Payment Processors (for more information please see our Terms of Use), as each is an independent contractor, neither is the agent or employee of the other and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The use of the Online Payment Processors is at the User’s discretion and sole liability and risk. It is the User’s responsibility to abide by all the terms specified by the Online Payment Processors in their terms of use and privacy policies, including but not limited to any age restrictions specified therein. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Processors

8. Third Party Service Providers 

While using the Site, App, Store and/or Services we may be using third party service providers, who may collect, store and/or process the Personal Information detailed herein. Such third parties may be located in a country that does not have the same data protection laws as your jurisdiction. Nimble uses commercially reasonable efforts to engage with third parties that post a privacy policy governing their collection, processing and use of non-personal and personal information. Such third parties’ software or services may include without limitation the following categories of service providers:   

• IT services;

• Logistic services;

• Marketing services;

• Analytics services;

• Payment services;

• Fraud Detecting Companies services; and

• Social Media services.

9. Links to Third Party Websites 

Certain links provided in the Site, App, Store and/or Services permit Users to leave our Site, App, Store and/or Services and enter non-Nimble sites or services. Those linked sites and services are provided solely as a convenience to you. Those linked sites and services are not under the control of Nimble, and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content advertising, products, services or other information on or available from such linked sites and services or any link contained in a linked site or service. Nimble reserves the right to terminate any link at any time. You further acknowledge and agree that Nimble shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource.

Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.

10. Security 

We take reasonable measures to maintain the security and integrity of our Site, App, Store and/or Services and prevent unauthorized access to it or use thereof through generally accepted industry standard technologies and internal procedures. Your Personal Information is hosted on third parties’ servers, which provide advanced strict security standards (both physical and logical). Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use will never occur. NIMBLE SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION.    

11. Minors 

The Site and/or Services is intended for Users over the age of eighteen (18). Therefore, Nimble does not intend and does not knowingly collect Personal Information from children under this age. We reserve the right to request proof of age at any stage so that we can verify that minors under this age are not using the Site and/or Services. If we learn that we collected Personal Information from minors under the age of eighteen (18) we will delete that information as quickly as possible. Please contact Nimble at privacy@nimblebeauty.com if you have reasons to suspect that Nimble collected Personal Information from minors under the age of eighteen (18) and we will delete that information as quickly as possible.

12. Cookies

When you access or use the Site, App, Store and/or Services, we and/or our third-party service providers may use industry-wide technologies such as cookies, web beacons, pixels, clear gifs and other similar tools (or other similar technologies), which may store certain local information on your device (collectively, "Cookies") and which may enable us, inter alia, to recognize your device from those of other Users of the Site, App and/or Services, to improve the Site's and/or App's and/or Services' performance, to deliver a better and more personalized service according to the User's individual interests and the device or browser used, to track Users' use of the Site, the App and/or Services, to gather information about the Users' approximate geographic location (e.g. city), to prevent fraud and/or abuse, to estimate our audience size and usage pattern, and to perform other analytics, to develop our Site, App and/or Services and to provide targeted and behavioral advertising.  

Such information may be locally stored in the User's device. Nimble and/or our authorized third party service providers may access such information. Nimble and/or our authorized third-party service providers may use both session Cookies (which expire once you close the web-browser) and persistent Cookies (which stay on the User’s device until he/she deletes them). Such Cookies used by the Site and/or App may store non-personal information (such as the different pages viewed by a User within the Site, App and/or Services) as well as User identifiers, which will be collected in accordance with the terms specified herein. 

Most devices and browsers will allow you to erase Cookies from your device’s storage, block acceptance of Cookies, or receive a warning before a Cookie is stored or otherwise dropped. However, if you block or erase Cookies, your experience of the Site, App and/or Services may be limited. Please note that unless you block the acceptance of Cookies, the Site and/or App will utilize cookies upon your use of the Site and/or App. If you want to remove previously stored Cookies, you can manually delete the Cookies at any time. However, this will not prevent the Site and/or App from placing further cookies on your device unless and until you adjust your settings as described above.  For detailed instructions regarding the blocking of cookies, please refer to your browser 'help', 'tool' or 'edit' section or see http://www.allaboutcookies.org/manage-cookies/. Below are links to instructions regarding the blocking of Cookies on commonly used web-browsers:

• Chrome

• Internet Explorer and Microsoft Edge

• Mozilla Firefox

• Safari

It is possible to opt-out of having your browsing activity within the Site, the App and/or Services recorded by performance Cookies. Please note that we use Google Analytics as our service provider in order to track Users' activities on the Site and/or Services, including by use such services' persistent cookies. Google provides a browser-add on which allows users to opt-out of Google Analytics across all websites, which can be downloaded here: https://tools.google.com/dlpage/gaoptout. 

13. Direct Marketing

You hereby agree that we may use your contact details you provided us with (including, without limitation, your e-mail address and phone number) for the purpose of providing you commercial and/or non-commercial materials related to our current and/or future activities and/or products. You may withdraw your consent by sending a written notice to our e-mail address privacy@nimblebeauty.com or alternatively follow the instructions for removing yourself from the mailing list which are available in the message transmitted to you. In addition, we may send push notifications to the User’s device after the User has agreed to accept push notifications from Nimble. Users can deactivate push notification by changing their browser settings.

14. Social Features

Our Site and App includes social media features (“Social Features”). The Social Features are operated or allow for social integration with certain third party social networks or third party platforms (“Social Network” or “Platform(s)”). These Social Networks and Platforms are created and maintained by third parties who are not affiliated with and/or controlled by Nimble. If you enable this integration with such Social Networks and Platforms, your use of the Social Features is subject to the applicable third party Social Network’s or Platform’s terms of use and privacy policies. You should ensure that you read their terms of use and privacy policies to understand how they treat your information and in order to understand the methods for changing the privacy or sharing settings on such services. If you do not agree to the practices described in such terms you should not allow the Site and/or App to interact with such Social Networks or Platforms, however you may find that you are not able to enjoy all the features that may be made available via the Site and/or App. You understand that where you allow interaction with any third party Social Network or Platform, we may share data about you with your contacts (and vice versa) in order that you may enjoy social elements. This data may include, without limitation, your name and your social media profile picture. By using the Social Features you hereby agree and understand that the applicable Social Networks or Platforms may collect certain Personal Information, such as your IP address, Non-personal Information and may set cookies and/or other web tracking technologies to enable the functionality of the Social Features. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the Social Features. You hereby understand and agree that when you share content via Social Networks or Platforms that your content may become public and others may re-post-it.  

15. International Data Transfer 

We may transfer information collected about you, including Personal Information, to affiliated entities, or to other third-party service provides (as provided herein) across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that we may transfer such information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to such transfer of information. We make efforts to ensure that your data is processed solely in the US, EU and Israel, but in any event any transfer of data will be in accordance with the safeguards permitted under applicable privacy laws, to ensure that your data is secured at all times.

16. NOTICE TO NEVADA RESIDENTS

We do not sell consumers’ covered information for monetary consideration (as defined in Chapter 603A of the Nevada Revised Statutes). However, if you are a Nevada resident, you have the right to submit a request directing us not to sell your personal information. To submit such a request, please contact us using the contact details in the Section entitled “Questions” below. 

17. NOTICE TO CALIFORNIA RESIDENTS

Pursuant to California’s “Shine the Light” law (Civil Code Section § 1798.83), residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact us using the contact details in the Section entitled “Questions” below.

18. DO NOT TRACK

We currently do not change our tracking practices in response to “do not track” settings in your browser. We may have our third-party partners, including web analytics companies, collect information about your online activities over time and across the Site and App. These third parties may not change their tracking practices in response to DNT settings in your browser.

19. Changes to the Privacy Policy 

Nimble reserves the right to change this policy at any time, so please re-visit this page frequently to check for any changes. All changes to this Privacy Policy are effective as of the stated “Last Revised” and your continued use of the Site and/or App and/or Services on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

20. Got any Questions? 

If you have any questions (or comments) concerning this Privacy Policy, you are most welcome to send us an email to the following address: privacy@nimblebeauty.com and we will make an effort to reply within a reasonable timeframe.