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Privacy Policy

Date: 2025-01-14

Last Modified: January 14, 2025

Introduction

Welcome and thank you for your interest in Nexlayer, a product developed by AuditDeploy Inc. ("Nexlayer", "we", "our", or "us"). This Privacy Policy explains how information that identifies or is associated with you (your "personal information") is collected, used, and disclosed by Nexlayer. This Privacy Policy applies to our websites including https://nexlayer.com and any other website that links to this Policy (our "Sites") (collectively, our "Service"). Before accessing or using our Service, please ensure that you have read and understood our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms of Service.

Beta Disclaimer

Nexlayer is currently in its beta phase and is not yet a production-ready product. During this period, the Services may undergo significant changes, including modifications to features, functionalities, and performance. By using Nexlayer during the beta phase, you acknowledge and agree that:

  • The Services are provided "as-is" without any warranties.
  • There may be bugs, errors, and other issues.
  • Your data may be processed differently than in a production environment.
  • We reserve the right to suspend or terminate your access to Nexlayer at any time without notice.

By participating in the beta, you consent to the inherent risks associated with using pre-release software and agree that AuditDeploy Inc. shall not be liable for any damages arising from your use of Nexlayer during the beta phase.

1. What Information Do We Collect and For What Purpose?

Information You Provide Directly

We may collect personal information, such as your name, email address, and payment information, when you:

  • Register for our Service.
  • Sign up for our mailing list.
  • Communicate with us directly.
  • Participate in surveys or provide feedback.

We may also collect any communications between you and Nexlayer and any other information you provide to us.

Data Collected Through Use of the Service

We collect information about how you use the Service, your actions on the Service, and content you post to the Service ("User Content"), namely to:

  • Improve the Service.
  • Monitor and resolve issues.
  • Develop new features.
  • For internal business purposes.

Please note that during the beta phase, User Content may be used more extensively to enhance and refine the Service.

Information from Third-Party Sites You Connect to Our Service

We may receive personal information about you from third parties and combine it with information we collect through our Service. For example:

  • When you log in through a third-party provider (e.g., GitHub, Slack), which may provide your name, email address, or other information.
  • When you interact with us through social media sites (e.g., Facebook, Twitter), which may share your profile information, picture, user ID, and other data based on your privacy settings.

Location Information

We may approximate your location by your IP address.

Information from Third Parties

From time to time, we may receive information about you from third parties and other users. We may also collect information about you that is publicly available.

Purpose of Collection

We use this information to:

  • Operate, maintain, and provide you the features and functionality of the Service.
  • Communicate directly with you, such as sending email messages, including promotional messages.
  • Permit you to communicate with others on the Service or on social media.
  • Invite others to join the Service.
  • Send Service-related emails or messages (e.g., account verification, updates to features, technical and security notices).
  • Any other lawful, legitimate business purpose.

2. Sharing of Your Information

We may share your personal information in the instances described below.

Public and Other Members of the Service

Content you post to public areas of the Service will be viewable by others on the Service and the public. Please do not post personal information to public areas of the Service if you would not want it to be public. If you are a member of a team using Nexlayer, the administrator of your team may be able to view some or all of your activity (e.g., audit logs) on the Nexlayer services and connected applications.

Third Parties at Your Request

For example, you may have the option to share your account on the Service with third parties upon your request.

Third-Party Vendors and Service Providers

We share your information with third-party vendors and service providers that perform services on our behalf, as needed to carry out their work for us, which may include:

  • Identifying and serving targeted advertisements.
  • Providing emailing services.
  • Providing tax, billing, and accounting services.
  • Cloud or web hosting.
  • Providing analytics services.
  • Identifying and understanding prospects or leads.

Business Transfers

We may share your information with other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control, or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related proceedings.

Our Brands

When you provide personal information to one of our Nexlayer brands, we may share that information with other companies and brands owned or controlled by AuditDeploy Inc., including our subsidiaries and our ultimate holding company. These companies will use your personal information in the same way as we can under this Privacy Policy.

Regulatory or Legal Requirements, Safety, and Terms Enforcement

We may share information with third parties as required by law or subpoena, or if we reasonably believe that such action is necessary to:

  • Comply with the law and the reasonable requests of law enforcement.
  • Enforce our Terms of Service.
  • Protect the security or integrity of our Service.
  • Exercise or protect the rights, property, or personal safety of Nexlayer, our visitors, or others.

We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.

3. How We Use Cookies and Other Tracking Technology to Collect Information

We and our third-party service providers may collect certain types of usage information when you use our Service, read our emails, or otherwise engage with us. We use this information to:

  • Enhance and personalize your user experience.
  • Recognize and contact you.
  • Monitor and improve our websites and Service.

Tracking Technologies

We typically collect this information through a variety of tracking technologies, including:

  • Cookies
  • Flash objects
  • Web beacons
  • Embedded scripts
  • Location-identifying technologies
  • File information

We, and our third-party partners, use tracking technologies to automatically collect usage and device information, such as:

  • Device and Software Information: IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to uniquely identify your browser, mobile device, or your account.
  • Usage Information: How you access and use our Service, including the site from which you came, the site to which you are going when you leave our Service, the pages you visit, the links you click, and other actions you take on the Service.
  • Location Information: GPS coordinates or similar information regarding the location of your mobile device, or approximation based on IP address.

Analytics Information

We may use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. You can learn more about Google's practices at https://www.google.com/policies/privacy/partners and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.

How We Respond to Do Not Track Signals

Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.

4. Third-Party Tracking and Online Advertising

Interest-Based Advertising

We participate in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on your browsing history. We may share or permit third-party online advertising networks, social media companies, and other third-party services to collect information about your use of our website over time so that they may display ads on our Service, on other devices you may use, and on other websites, apps, or services, including on Facebook.

Social Media Widgets and Advertising

Our Service may include social media features, such as the Facebook Like button, LinkedIn, Instagram, Twitter, or other widgets. These social media companies may recognize you and collect information about your visit to our Service, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies.

Your Choices

  • Cookies: If you would prefer not to accept cookies, most browsers allow you to adjust your browser settings to: (i) notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies.
  • Interest-Based Advertising: To learn about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative's (NAI) online resources at https://www.networkadvertising.org/choices and/or the Digital Advertising Alliance's (DAA) resources at www.aboutads.info/choices.
  • Mobile Advertising: You may also be able to limit interest-based advertising through the settings on your mobile device by selecting "limit ad tracking" (iOS) or "opt-out of interest-based ads" (Android).

5. Control Over Your Information

Profile and Data Sharing Settings

You may update your profile information, such as your user name, and may change some of your data sharing preferences by emailing us at privacy@nexlayer.com.

How to Control Your Communications Preferences

You can stop receiving promotional email communications from us by clicking on the "unsubscribe link" provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).

Modifying or Deleting Your Information

If you have any questions about reviewing, modifying, or deleting your information, or if you want to remove your name or comments from our Service or publicly displayed content, you can contact us directly at privacy@nexlayer.com. We may not be able to modify or delete your information in all circumstances.

6. How We Store and Protect Your Information

Data Storage and Transfer

We store data on servers in the U.S. or any other country in which Nexlayer or its affiliates, subsidiaries, agents, or contractors maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that your personal information may be transferred to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

Data Retention

We will retain your information as long as necessary for the purposes outlined in this Privacy Policy, and for a commercially reasonable time thereafter for backup, archival, fraud prevention or detection, or audit purposes, or as otherwise required by law. We may anonymize and/or aggregate personal information and store it in order to analyze aggregate metrics and trends.

Keeping Your Information Safe

We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Service. However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

7. Children's Privacy

Nexlayer does not knowingly collect or solicit any information from anyone under the age of 13 on this Service, and the Service is not targeted towards anyone under the age of 13. If you believe that we might have received information from a child under 13, please contact us at privacy@nexlayer.com.

8. Links to Other Web Sites and Services

The Service may contain links to third-party websites that are not owned or controlled by Nexlayer. Nexlayer does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Privacy Policy and Nexlayer's Terms of Service do not apply to your use of such sites.

9. How to Contact Us

If you have any questions about this Privacy Policy or the Service, please contact us at privacy@nexlayer.com.

10. Data Privacy Framework

Nexlayer complies with the EU-U.S. Data Privacy Framework ("EU-U.S. DPF"), the UK Extension to the EU-U.S. DPF ("UK-U.S. DPF"), and the Swiss-U.S. Data Privacy Framework ("Swiss-U.S. DPF") as set forth by the U.S. Department of Commerce.

Data Subject Rights

Pursuant to the EU-U.S. DPF, the UK-U.S. DPF, and the Swiss-U.S. DPF, EU, UK, and Swiss individuals have the following rights:

  • Right to Access: You can request access to the personal data we hold about you.
  • Right to Rectification: You can request correction of any inaccurate or incomplete personal data.
  • Right to Erasure: You can request deletion of your personal data under certain conditions.
  • Right to Restrict Processing: You can request limitation of processing your personal data.
  • Right to Data Portability: You can request transfer of your personal data to another service provider.
  • Right to Object: You can object to the processing of your personal data for specific purposes.
  • Rights Related to Automated Decision-Making and Profiling: You have the right not to be subject to decisions based solely on automated processing.

How to Exercise Your Rights

To exercise any of these rights, please contact us at privacy@nexlayer.com. We will respond to your request within a reasonable timeframe and in accordance with applicable laws.

11. Changes to Our Privacy Policy

We may modify or update this Privacy Policy from time to time to reflect changes in our business and practices, so you should review this page periodically. When we make any material modifications, we will notify you by:

  • Sending a notice to the primary email address specified in your Nexlayer account.
  • Placing a prominent notice on our website.
  • Updating the "Last Modified" date at the top of this page.

If you object to any changes, you may close your account.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any legal actions or proceedings arising out of or related to these Terms or your use of Nexlayer shall be brought exclusively in the state or federal courts located in Delaware.

Arbitration Agreement

Except for certain claims that cannot be waived, you agree that any dispute arising out of or relating to these Terms or your use of Nexlayer will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). This includes a waiver of your right to participate in a class action lawsuit or class-wide arbitration.

Arbitration Procedures

  • Location: Arbitration will be conducted in Atlanta, Georgia, unless both parties agree otherwise.
  • Costs: Each party is responsible for their own arbitration fees and costs unless otherwise determined by the arbitrator.
  • Confidentiality: All arbitration proceedings are confidential.

Opt-Out

You have the right to opt out of the arbitration agreement by providing written notice to AuditDeploy Inc. at the registered office address within thirty (30) days of first using Nexlayer. Opting out will not affect your ability to use Nexlayer, but it will void the arbitration agreement.

13. Limitation of Liability

To the fullest extent permitted by law, AuditDeploy Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising out of or related to your use of Nexlayer. This limitation of liability applies even if we have been advised of the possibility of such damages.

14. Acknowledgment

By using Nexlayer, you acknowledge that you have read this Privacy Policy and agree to be bound by its terms. You also acknowledge and agree to the beta-level status of Nexlayer and the associated risks involved in using a pre-release product.

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