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Privacy Policy

Last Updated: August 30, 2019

Thank you for becoming a member of the Nearlist Community.

Nearlist is an interactive service (the “Service”) that connects individual customers (“Customer Users”) with their favorite stores, restaurants, bars, and other local businesses that are signed up to use the Service (each a “Business”).

Any individual registered as a user of our Services (for “Customers”) can connect with any registered Business (“Business”) that is using our Business Services (for information about our “Business Services” and “Business Users” please visit: http://business.nearlist.com) to publish one or more location profile pages (“Location Profiles”) to the Nearlist Community and Internet. Customers can search these Location Profiles to review general business information, see team profiles (“Business User Profiles”), browse Campaign posts, claim and redeem Coupons (as defined below), and send invitations to connect (“Connection Requests”) with specific business locations.

Individual Customers can send and accept invitations to connect with Businesses and create a personalized directory (“Directory”) of their favorite places (“Connections”). Once a Business and a User have connected, Businesses can post content, news, and promotions (“Campaigns”) on the User’s “What’s New” feed (“Feed”) to create publicly shared marketing campaigns, or privately exchange messages between individual Customer Connections (“Chat”) and any individual registered business user (“Business User”) assigned to the business location(s) that their Customers are connected to. In addition, Businesses can publish special offers (“Coupons”) to Users that may be shared, claimed, and redeemed when Customers connect with any of their published locations.

Any registered Business User can search all available Customer profiles (“Customer Profiles”) and use them to send Connection Requests from their assigned location or locations. Once a connection is made, Business Users can initiate Chat messages from these Customer Profiles. Customer Profiles are currently limited to the Customer’s name, profile photo, and city, and are intended to help Business Users effectively manage Connection Requests, Campaign inquiries, Coupons, and Chat communications.

1. Definitions

This Privacy Policy (“Policy”) describes how and when Nearlist collects, uses and shares your information when you become a Member of the Nearlist Community or otherwise interact with our App, Site or Link Service.

Nearlist receives your information through our website https://www.nearlist.com (the “Site”), our corresponding “Nearlist” mobile application (the “App”), and our links service https://nrl.st (the “Link Service”) that link to this Policy (collectively, the “Services”). This Policy applies only to information you provide to us through the Site, App, and Link Service, including any related system emails.

When we say “Nearlist”, “our”, “us” or “we” we are referring to Nearlist, Inc. When we say “you”, “your”, “user” or “member” we are referring to persons registered to use Nearlist Services as a Customer. When we say “Nearlist Community” we are referring to all registered Customers, Businesses, Business Users, and other users of the system.

Terms not defined herein shall have the meaning as provided in Nearlist’s Terms of Service, found at https://www.nearlist.com/legal/terms/, and incorporated herein.

2. Changes

We may update this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be posted on our Site at https://www.nearlist.com/legal/privacy/ and in the App. If we make a change to this policy that, in our sole discretion, is material, we will notify you via an App notification or email to the email address associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

3. Questions

If there are any questions regarding this privacy policy please send us a message using our contact form. You may also contact us using the information below.

Nearlist, Inc.Attn: Privacy Matters757 Page StreetSan Francisco, CA 94117(415) 770-5300support@nearlist.com

4. Information We Collect

We collect, use, and disclose personally identifiable information (“Personal Information”) in various ways when you use the Services. We may collect the specified types of Personal Information from you in the following contexts:

  1. Registration: When you register to use the Services we may collect your name, email, password, profile photo, date of birth, zip code, gender and social media account sign in information to establish your account and related Customer Profile information. To allow you to enhance your Customer Profile, or gain access to new features we may collect additional account information such as your phone number, occupation, social media accounts, or other demographic information. In order for you to download the App, you can provide your mobile phone number to us to receive a link to the Nearlist App page in the Apple App Store. If you choose to provide us with your mobile phone number, you (i) authorize us to send you a one-time SMS text with a link to the App, (ii) agree to be solely responsible for any fees charged by your wireless provider in connection with the SMS text you receive from us; and (iii) agree to contact your wireless provider with any questions regarding your text and/or data plan.
  2. Usage: We may automatically log information about how and when you use the Services. This information (“Log Data”) may include your IP address, type of device, wireless carrier, time, date, browser used, non-precise geographic location (e.g. zip code and city), search terms, cookie information and actions taken by you within our Site, App, and Link Service.
  3. Support: When you communicate with our customer support team via our “Contact Us” and “Support” forms and/or corresponding email addresses, we may collect your name, email, phone number, type of inquiry, and your message content.
  4. What’s New Feed: Nearlist may collect information on which Campaigns you view, like, share, inquire about, and save. To allow you to enhance your “What’s New” Feed, or gain access to new features we may collect additional account information such as how you organize your Saved Items.
  5. Coupons: Nearlist may collect information on which Coupons you view, like, share, inquire about, save, claim, and redeem. To provide more relevant types of Coupons, or gain access to new features we may collect additional account information such as where you most frequently redeem your Coupons.
  6. Business Connections: Nearlist may collect information on which Businesses you send requests to within the App, which Businesses send you requests within the App, and which Businesses you are connected to on Nearlist. To allow you to enhance your business Directory, or gain access to new features we may collect additional account information such as how you group or rank your business connections.
  7. Chat Content: When a Customer connects with a business location all of the Business Users assigned to that location can privately exchange in-app chat messages with that Customer. Nearlist is not responsible for the content of any sent messages or of any uploaded files (“Chat Content”); provided, however, that Nearlist reserves the right to access and use Chat Content for the purpose of identifying general trends and aggregate information.
  8. Business Contacts: Nearlist may collect names and/or email addresses of business “Contacts” provided by registered Customers to facilitate invitations to join Nearlist. With your express consent, Nearlist will attempt to send one invitation email, and one invitation reminder email, to each business Contact email you provide. Customers should only provide business Contact emails to Nearlist for the purposes of inviting a Business they are familiar with to join Nearlist.
  9. Location: Nearlist may collect your precise geographic location in order to provide you with relevant information related to Businesses you are connected to and/or Businesses you might be interested in. Before precise location information is collected, you will be asked whether you allow precise location tracking. You may decline to allow this tracking, but if you do so, certain features of the Services may not be available to you.
  10. Links: Nearlist may track how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or via other means. We do this to help improve our Service, provide more relevant news and promotions, and to be able to share aggregated statistics such as how many times particular links are clicked. Links shared on the Services may be processed and shortened to a https://nrl.st link by Nearlist’s Link Service. Shortened links allow Users to share long URLs while maintaining the maximum number of characters in their messages. We may use the nrl.st domain as a way to identify relevant and engaging content within the Nearlist Community, to protect Users from harmful activity, or to provide value to our developer ecosystem.
  11. Widgets: We may personalize Nearlist Services for you based on your visits to third-party websites that integrate Nearlist features or widgets. A widget is a simple application extension that is part of a larger application already installed on a device. When these websites first load our features or widgets for display, we receive Log Data that includes the web page you visited and a cookie that identifies your browser (“Widget Data”). We may use Widget Data to personalize content for you, such as suggested businesses and other content you may be interested in. Personalized content is stored with only browser cookies or device IDs and is separated from other Widget Data such as page-visit information.
  12. Cookies: We may place “cookies” on your computer’s hard drive. A cookie is a small data file that we transfer to your computer or mobile device’s hard disk. We use cookies for two purposes. First, we utilize persistent cookies to save your log in information for future log-ins to the Site and App. Second, we utilize session ID cookies to enable certain features of the Site and App, to better understand how you interact with the Site and App and to monitor aggregate usage by Users and web traffic routing on the Site and App. Unlike persistent cookies, session cookies are deleted from your computer when you log out from the Site, App and Service and then close your browser.

    Third-party services such as web analytics tools and advertisers on the Site and App may also place or read cookies on your browser.

    Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site.

5. How We Use the Information We Receive

We may use and disclose Personal Information collected through the Services for purposes described in this Policy. For example, we may use your information to

  1. Provide, improve and develop Services. Your information allows us to continually improve our services, and also develop new innovative features and services.
  2. Communicate with you about our Services. For example, we may let you know about new features, version updates, releases, abuse warnings, temporary or permanent changes to our Services (e.g. planned outages), and/or changes to our Privacy Policy or Terms of Service.
  3. Communicate with you about your account. This will be for informational, not promotional purposes. For example, we may notify you about changes to your password.
  4. Provide customer support. This will allow our support team to efficiently and effectively communicate with you, as may be appropriate, when you contact us via our “Contact Us” and “Support” forms, and/or corresponding email addresses.
  5. Send you promotional content that you have consented to receiving. You may opt out of receiving promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. You may also send requests about your contact preferences and changes to your information including requests to opt-out of sharing your personal data with third parties by emailing support@nearlist.com.
  6. Help you discover nearby businesses on Nearlist. For example, when a new Location Profile is published in or around the zip code associated with your account, you will automatically receive a Connection Request for that location.
  7. Enable connection invitation emails. You can stop receiving connection invitation emails sent by Nearlist on behalf of registered Businesses by following the unsubscribe instructions included in these emails. You must unsubscribe from receiving these connection invitation emails from each registered Business individually. Each registered Business is limited to one connection invitation email, per published location, per customer Contact email provided to Nearlist by Business Users.
  8. Promote usage of our services. For example, if you provide your Personal Information when you visit our Site and don’t sign up for the Services, we may send you an email asking whether you want to sign up.
  9. Promote safety and security. Some information may be used to protect the rights and safety of our Members and third parties, as well as our own. To enforce compliance with our Terms of Service. This may include developing tools and algorithms that can help us to prevent violations.
  10. Provide your birthday and month to Businesses in your Directory. This will allow such business to send you Birthday Coupons, if available.

6. Personal Information Sharing and Disclosure

Your trust is important to us, which is why we don't share Personal Information we receive about you with others unless we have: (1) received your permission; (2) provided you with notice through this Policy; or (3) removed your name or any other personally identifying information from it. We may share your Personal Information as follows:

  1. Nearlist Businesses: Nearlist may disclose some aggregate registration, usage, location, connection and other information to Nearlist Business Users. The primary purpose of sharing this information is to help Nearlist Business Users improve customer connection activity and campaign performance, and to help Nearlist improve customer support. For example, Business Users may be able to see which kinds of Businesses and Campaigns have the highest levels of activity across different geographies.
  2. Nearlist Customers: Nearlist may disclose some aggregate registration, usage, location, connection and other information to other Nearlist Customers. The primary purpose of sharing this information is to help Nearlist Customers discover relevant business and receive personalized news and promotions, and help Nearlist improve customer support. For example, Customers may be able to receive personalized lists of recommended businesses or promotions based upon what similar Customers liked.
  3. Business Users: Your name, city/state, and profile photo will be visible to all Business Users in the Nearlist Community if they search the Nearlist Community using the name you provided for your account. You will have the option to provide supplemental account information to enhance your Customer Profile and/or access new features. Nearlist will indicate what categories of information will be made available only to your Connections, to all Nearlist registered users, and to the public, so you can decide if you want to provide supplemental information.
  4. Third Parties: Nearlist does not disclose any of your information with third parties other than as follows:
    • With third party vendors, consultants and other services providers who work for us and need access to your information to do that work;
    • To provide information to representatives and advisors, like attorneys and accountants, to help us comply with legal, accounting, or security requirements;
    • To investigate fraud;
    • To comply with laws or to respond to lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements;
    • To protect the rights and property of Nearlist and our agents, customers, members, and others including to enforce our agreements, policies and terms of use;
    • In an emergency to protect the personal safety of the Nearlist, its customers, or any person; and
    • In connection with or during negotiation of any merger, financing, acquisition, or dissolution, transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another company.
  5. Your Contacts: Nearlist may access your contact information or address book within your Device with your consent.
  6. Social Media Widgets: Our Site and App, and some related system emails include social media features or widgets that allow you to share content with others. These features may collect information (“Widget Data”) about your IP address and which page you’re visiting on our site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policies of the companies that provide them.
  7. Service Providers: If it is necessary to provide you a service you've requested from our Site or App then we may provide your Personal Information to a service provider as a necessary step in providing you with the requested service. We will restrict any service provider's use of your Personal Information to the terms of this Policy.

7. Anonymous Information

We may share aggregated anonymous or de-identified information. When we use the term “Anonymous Information”, we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party.

We may create Anonymous Information from the personal data we receive about you and other individuals whose personal data we collect. Anonymous Information might include analytics information and information collected by us using cookies. We make Personal Information into Anonymous Information by excluding information (such as your name) that makes the data personally identifiable to you.

We use this Anonymous Information to analyze usage patterns in order to make improvements to our Services. Additionally, we may provide Anonymous Information to third parties for marketing, advertising, or other uses.

8. Your California Privacy Rights

If you are a California resident, you have the right to request information from us regarding the manner in which Nearlist shares certain categories of personal information with third parties for their direct marketing purposes, in addition to the rights set forth in this Policy or to be informed that Nearlist has a policy in place to prevent such sharing. Nearlist has implemented such a policy and does not share your Personal Information with any third parties for their direct marketing purpose.

9. Accessing, Updating, and Deleting Your Information

All Users may review, update, correct or delete the Registration Information in their Account by editing such information via the App or by contacting us at support@nearlist.com. If you delete all such information, we may deactivate your Account. If you request that we delete your information, we will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Data Collection: We allow other parties to collect Personal Information about your online activities over time and across third-party web sites when you use our websites and services as detailed in this Policy.

Do Not Track: Because the providers of "Do Not Track" and similar signals do not yet operate according to common, industry-accepted standards, we currently do not respond to those signals. For more information on Do Not Track, please visit www.allaboutdnt.com.

10. Safeguarding Your Information

We take reasonable organizational, technical and administrative steps to help protect personal data against loss, misuse, unauthorized access or disclosure. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure.

11. International Transfer

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction. If you are located outside the United States and choose to provide information to us, please be aware that Nearlist transfers Registration Information to the United States and processes it there.

12. Links to Other Sites

Nearlist Services contain links to other websites. If you choose to click on a banner ad or other type of advertisement, or click on another third-party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization, or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third-party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them and we do not accept any responsibility or liability for their websites, features or policies. We encourage you to read the privacy policies or statements of the other websites you visit.

13. Restrictions of Use of our Services

Nearlist Services are not directed to children under 13. We do not knowingly collect Personal Information from children under 13. If you believe a child has provided us with information, please contact us using our contact form or send us an email at support@nearlist.com.

In addition, Nearlist Services are not intended for use by individuals outside of the United States.