Privacy Policy
Last Updated: June 20, 2023
At Nails Now, Inc. and our Nails Now subsidiaries ("Nails Now"), we respect your privacy and are committed to maintaining your trust. This privacy policy ("Privacy Policy") applies to visitors of our Nails Now sites and users of the Nails Now Services.
This Privacy Policy describes our practices and your rights in connection with information that we collect, use, or disclose through:
our consumer-facing mobile application ("Nails Now App"),
our consumer-facing websites, currently located at https://nailsnow.com (the "Nails Now Consumer Site(s)"),
our online business management software products ("Software Service"),
our social media pages,
our applications through which Nails Now makes the Software Service available, including the Nails Now business app and the Nails Now branded mobile apps (collectively the "Apps"),
HTML-formatted email messages that we send to you that link to this Privacy Policy,
and any other products and services offered through any other venues, websites and mobile applications that direct you to this Privacy Policy.
Collectively the "Nails Now Services".
When you access or use the Nails Now Services, you agree to the terms and conditions of this Privacy Policy and that the information contained in this Privacy Policy serves as notice at or before the point of collection for all information collected as described below.
1. Defined Terms
The following terms will have the meanings indicated below. Please refer to our Nails Now Terms of Service or the Nails Now Consumer Agreement for any capitalized terms that are not defined in this Privacy Policy.
"End User" means any individual who interacts with the Nails Now Services, including users of our mobile applications such as the Nails Now App, and individuals who book appointments, purchase services and otherwise interact with our Subscribers through the Nails Now Services.
"Other Information" is any information that does not reveal your specific identity or does not relate to an individual, such as usage data not linked to any unique identifiers.
"Personal Information" means data that relates to or about an identified or identifiable natural person or, where applicable, household as defined under relevant law. This may include information such as name, postal address, telephone number, email address, or unique online identifiers.
"Subscriber" is any business or entity that subscribes to (or otherwise accesses or uses) our Software Service, including any staff, employees, consultants, advisors, or independent contractors accessing the Nails Now Services on the Subscriber's behalf.
Sometimes, we use the term "information" in this Privacy Policy, which may refer to either Personal Information or Other Information.
2. Categories of Personal Information
While the Personal Information we collect varies depending upon the nature of the Nails Now Services provided or used and our interactions with individuals, Personal Information we may collect or obtain includes:
Contact details (e.g., name, address, email, telephone number),
Personal details (e.g., date of birth, education, nationality),
Financial and transaction data (e.g., purchase history, account information, shipping and billing information, including credit card information etc.),
Other Nails Now Services related data (e.g., customer requests, statistics, etc.),
Geolocation data with your permission (e.g. geolocation data sent via a mobile device),
Images you upload to the Nails Now Services,
Online identifiers (e.g. IP address, Device IDs, etc.), and
Cookie-related data as described below and as detailed in our Cookie Policy.
3. How We Collect Information
Through the Nails Now Services
We collect information about you whenever you use the Nails Now Services, for example:
If you are an End User, when you create an account on the Nails Now App or through the Nails Now Consumer Site(s), we may ask for Personal Information such as your name, email and postal address, social media account ID, and Other Information you may provide with your account.
If you are an End User interacting with the Nails Now Services through a Subscriber, we also collect Personal Information that you provide to the Nails Now Services when you initiate a transaction or otherwise engage with the Subscriber, such as to book an appointment, make a purchase, or respond to a marketing campaign.
If you are a Subscriber, when you sign up for our Software Service, we ask for your company name, address, phone number, email, credit card information, tax identification number, and other information about your business, as well as names and email addresses of authorized individuals on your account. If you attend one of our events (e.g., a tradeshow, webinar, or training), we may ask for your feedback, contact details or other information to follow-up with you, such as send you marketing communications consistent with your choices.
We collect information about you when you interact with the Nails Now Services. For example, if you initiate a transaction through the Nails Now Services, such as a purchase, we may collect information about you, such as your name, email, phone number, address, credit card information, as well as any other information you provide in order to process the transaction. This information may be shared with others for the same purposes. We encrypt credit card numbers using industry standard technology. We may also collect other Personal Information at the request of the Subscriber you are transacting with or through. We may also store information that your computer or mobile device provides to us in connection with your use of the Nails Now Services, such as IP address, operating system, device ID, and device type.
We may collect information about others from you and only use this information for the reason it was provided.
We and our service providers collect information about your location when you use or access Nails Now Services. The degree of precision of the location data varies depending on the source of such information. Those sources include:
Data from your device through settings you activate:
Other location sources:
IP address
We collect and use this location-related data in order to:
Provide you with services you have purchased or requested.
Deliver content that is relevant to you based upon your location.
Deliver marketing or ad content that is relevant to you based on your location.
Protect against abuse or misuse of services or of your account.
Improve our site and services.
You may disable the collection and use of your location data through your browser-, operating system- or device-level settings. Consent concerning location data may be withdrawn at any time by changing these settings.
From other sources
In addition to the information we collect from you through Nails Now Services, we may receive information about you from other sources, such as public databases, strategic and joint marketing partners, social media pages and platforms, people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your Nails Now App account, certain information from your social media account may be shared with us, including information that's part of your profile or your friends' profiles. We may also collect other Personal Information through the Nails Now Services under the direction of our Subscribers.
You do not have to provide us with certain Personal Information, however, if you do not provide or enable us to collect the necessary information, we may not be able to provide the Nails Now Service. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Nails Now Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.
4. How Personal Information May Be Used
We may use your Personal Information for legitimate business purposes, including:
To provide the functionality of Nails Now Services and related support.
To create, and administer accounts, fulfill, and record transactions, and provide you with related assistance (e.g., technical help, answer inquiries relating to Personal Information, etc.).
To send administrative information to you, for example, information regarding our services and changes to our terms, conditions, and policies.
We will engage in these activities to manage our contractual relationship with you, with your consent, and/or to comply with a legal obligation.
To provide you with marketing and promotional materials and opportunities and facilitate social sharing.
To send you marketing communications and offer other materials that we believe may be of interest to you, such as to send you newsletters or other direct communications.
To share information with other marketers (and their service providers) to permit them to send you marketing communications, consistent with your choices.
To allow you to participate in sweepstakes, contests or similar promotions.
To facilitate social sharing functionality if you choose to do so.
We will engage in this activity with your consent, to manage our contractual relationship with you, or where we have a legitimate interest.
For reporting and trending.
To better understand you and our other users, so that we can tune and personalize our offering.
For trending and statistics, and to improve our products and services, and to provide insights to our Professionals and our collective suppliers.
We will engage in this activity because we have a legitimate interest.
To accomplish our business purposes.
For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements.
For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft.
For responding to legal duties, such as requests from public and government authorities.
To defend our legal rights or those of others.
We will engage in these activities to comply with a legal obligation or because we have a legitimate interest.
To the extent that we process your Personal Information based on your consent, you may withdraw your consent at any time.
5. What and How Personal Information May Be Disclosed
Certain privacy laws require that we disclose certain information about the categories of Personal Information (as defined by applicable law) that we have disclosed for a business purpose as well as the categories that we have "sold" as defined under applicable law.
Disclosed for a business purpose. In general, we may disclose the following categories of Personal Information (as described above in more detail) to our Partners and Service Providers to provide the Nails Now services:
Contact details,
Personal details,
Financial and transaction data,
Other Nails Now Services related data,
Geolocation data,
Online identifiers, and
Cookie-related data.
We do not sell your data.
We may disclose your Personal Information:
To our affiliates for the purposes described in this Privacy Policy. NAILS NOW, Inc. is the party responsible for the management of the jointly used Personal Information.
To our integrated partners and service providers who provide services to us or to our subscribers, such as website hosting, data analysis, payment processing services, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing, and other similar services.
To our Subscribers if you are an End User and are using our Nails Now Services to interact with that Subscriber. Please contact the Subscriber you interact with directly for more information on that Subscriber's privacy practices.
To third parties to permit them (or their own customers) to send you marketing communications, consistent with your choices.
To sponsors of sweepstakes, contests, and similar promotions, consistent with your choices.
To you, through message boards, dashboards, challenges, chat, profile pages and blogs and other services to which you are able to post information and materials, including as described in the sections below titled "Testimonials, Ratings and Reviews" and "Public Forum."
To other website users as well as to your social media account provider, in connection with your social sharing activity, such as if you connect your Facebook account to your Nails Now App account or our social media pages.
In the context of a corporate transaction. If Nails Now is involved in a sale or business transaction (e.g., merger or acquisition), Nails Now will retain a legitimate interest in disclosing or transferring your Personal Information to other parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), including in any negotiations leading to such. Such parties may include, for example, an acquiring or target entity and its advisors.
Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information. If we combine any Other Information with Personal Information, we will treat the combined information as Personal Information.
6. Privacy Rights regarding your Personal Information
This section provides specific information for California residents, as required under California privacy laws, including the California Consumer Privacy Act ("CCPA") as well as other jurisdictions and regulations that allow for individual privacy rights such as the European Economic Area, the United Kingdom, Canada, and the General Data Protection Regulation ("GDPR").
Explanation of Individual Rights
Right to a Copy/Access or Portability: You may have the right to request, free of charge, a copy of the specific pieces of Personal Information that we have collected about you in a readily useable format that allows you to transmit this information to another entity without hindrance.
Right to Know: You may have the right to request, free of charge, that we provide certain information about how we have handled your Personal Information, including the categories of Personal Information collected; categories of sources of Personal Information; business and/or commercial purposes for collecting your Personal Information; categories of third parties/with whom we have shared your Personal Information; and whether we sell any categories of Personal Information to third parties (however, we do not sell your Personal Information).
Right to Deletion: You may have the right to request deletion of your Personal Information that we have collected, subject to certain exemptions. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). We may also retain residual information, such as records to document that your request has been fulfilled.
Right to Non-Discrimination: You may have the right not to receive discriminatory treatment on the basis of exercising your privacy rights under applicable law.
Right to Correct/Rectify: You may have the right to rectify any incorrect Personal Information we may hold about you.
Right to Object/Restrict: You may have the right to object to a specific use of your Personal Information as it is laid out in this Privacy Policy subject to our legitimate business interests.
Submitting a Request
Where applicable law allows for such a right, if you would like to request to access, correct, object to the use, restrict or delete Personal Information that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may submit a request through the Nails Now Services themselves or contact us at privacy@Nailsnow.com with the subject line "Data Subject Request". We will respond to your request consistent with applicable law.
If you are an End User you may, depending on the Nails Now Service utilized, be able to access, correct or request deletion of Personal Information that you have previously provided to us through your online customer account. These Data Subject Requests and other rights, including objection, restriction and portability (to the extent this right to data portability is provided to you by applicable law), can also be made directly to the relevant Subscriber.
For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. Where applicable law allows for an authorized agent to submit such a request, please contact us at privacy@NailsNow.com with the subject line "Data Subject Request - Agent Request" and someone will be in touch with the agent and the End User to verify the request. We will try to comply with your request as soon as reasonably practicable. Moreover, where you are an End User, Nails Now may need to forward your request and refer you to your Subscriber who may be better placed to address your request.
If you are under 18 years of age and a user of the Nails Now Services, you may also be entitled to ask us to remove content or information that you have posted to the Nails Now Service by submitting a Support Request. Please note that your request does not ensure complete or comprehensive removal of the content or information if doing so infringes on the rights of another user.
If you are an End User of one of our Subscribers and would no longer like to be contacted by one of our Subscribers, or would like request the exercise of a right as set out above in relation to Personal Information held by a Subscriber, please contact the Subscriber directly.
7. Your choices regarding our use and disclosure of information
Information we collect may be used by Nails Now for marketing purposes such as one-off promotional emailing, mobile text messages, direct mail, and sales contacts. We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may:
Opt-in or opt-out from receiving electronic communications from us: If you are a user of the Nails Now App or the Nails Now Consumer Site(s) and no longer want to receive marketing-related emails or mobile text messages from us on a going-forward basis, you may opt-out of receiving these marketing-related emails or mobile text messages by changing your preferences in your account settings or following the unsubscribe prompts from within the messages themselves. If you have provided your information to Nails Now, and opt-out, Nails Now will put in place processes to honor your request. This may entail keeping some information for the purpose of remembering that you have opted-out.
Consent to sharing of your Personal Information with unaffiliated third parties for their (or their customers') direct marketing purposes: We only share your Personal Information with unaffiliated third-parties for their marketing purposes when you have consented to the sharing. We do not share data with unaffiliated third-parties in the absence of your consent and such consent will only be valid for a single data transfer. To address what these unaffiliated third-parties do with your data once you have consented to the sharing, please contact the third-party to learn more about your choices.
We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative, transactional or other purposes directly relating to your use of the Nails Now Services, and you cannot opt-out from receiving those messages.
Our mobile applications may also send push notifications to your mobile device, provided you consented to this. If you have previously consented to receiving push notifications and no longer wish to receive them, you can also turn push notifications off at the device level. The applications may also request access to your device's calendar application, storage, Bluetooth, camera, and microphone. If you have previously allowed access to your device's calendar and no longer wish to allow access, you may edit the application settings at the device level.
8. Tracking and Advertising
We, our service providers and partners may collect Other Information and certain Personal Information in a variety of ways. We and/or our service providers may employ various tracking technologies, such as cookies, web beacons and analytics software, that help us better manage content on the Nails Now Services by informing us what content is effective. For more information on our use of cookies and similar technologies, including instructions on how to opt-out, please refer to our Cookies Policy.
9. Social Media Features and Widgets
The Nails Now Services may include social media features such as the Facebook Like button, and widgets, such as the Share This button or interactive mini-programs that run on our websites. These features may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our websites. Your interactions with these features are shared with such third parties and governed by the privacy policy of the company providing it.
10. Public Forum
Our websites may offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you disclose Personal Information through Nails Now public message boards, blogs, or forums, as offered through the Nails Now Services, this information may be viewed, collected and used by others. To request removal of your Personal Information from our blog or community forum, please submit a Support Request. In some cases, we may not be able to remove your Personal Information or some content (if, for example, it is reposted by another user), in which case we will let you know if we are unable to do so and why.
11. Sign-In Services
You may be able to log in to some of the Nails Now Services using sign-in services such as Facebook Connect, Google or an Open ID provider. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign-up form. Some services like Facebook Connect give you the option to post information about your activities on our websites to your profile page to share with others within your network. In addition, when using some of our mobile applications we may allow you a chance to tell friends about our services by accessing the contacts in your Facebook or other social media account.
12. Testimonials, Ratings and Reviews
If you submit testimonials, ratings or reviews to the Nails Now Services, any Personal Information you include may be displayed in the Nails Now Services. If you want your testimonial removed, please submit a Support Request.
We also partner with service providers to collect and display ratings and review content on our web sites.
13. Payment Processors
We currently use payment processors as a Third Party Offering for internet-based payment services. If you wish to make a payment through Nails Now Services, your Personal Information may be collected by such third parties directly and not by us, and will be subject to the third party's privacy policy. We have no control over, and are not responsible for, third parties' collection, use and disclosure of your Personal Information.
Where a third-party payment processor is utilized as a sub-processor, we have implemented appropriate onward transfer safeguards over your Personal Information. See Section 23 for a list of sub-processors and their applicable privacy policies.
14. Links To Other Websites
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including our Subscribers and any third party operating any Third Party Offering, site or other products and services used in connection with the Nails Now Services. The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.
Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Nails Now Services, including our social media pages.
15. Data Retention
We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:
The length of time we have an ongoing relationship with you and provide the Nails Now Services to you (for example, for as long as you have an account with us or keep using the Nails Now Services);
Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
16. Security of Your Information
The security of Personal Information is a high priority at Nails Now. We seek to use reasonable technical, administrative and physical safeguards designed to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have any questions about the security of your interaction with us please refer to our Security Policy
17. Use of Service By Minors
The Nails Now Services are not directed or targeted at children under the age of sixteen (16), and we request that they do not provide Personal Information through the Nails Now Services.
18. International Transfers
The Nails Now Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities, namely the United States and the United Kingdom, or in which we engage service providers, and by using the Nails Now Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country and whose laws don't provide the same level of protection as in the European Economic Area ("EEA") or UK. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.
Some non- EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en). For transfers from the EEA and Switzerland to countries not considered adequate by the European Commission (the United States) we have put in place adequate measures, such as the applicable module(s) of the standard contractual clauses (based on the standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 as amended or replaced from time to time by a competent authority under the relevant data protection laws and published here, a copy of which can be obtained by Contacting Us, see below) (the "Standard Contractual Clauses"). For transfers from the United Kingdom to countries not considered adequate by the Commissioner, we have put in place the relevant UK Standard Contractual Clauses as amended by the Commissioner for the UK data protection laws and published here.
19. Sensitive Information
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, genetic characteristics, trade union membership or criminal background) on or through the Nails Now Services or otherwise to us, except where explicitly requested or consented to.
20. EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
We rely on standard contractual clauses (based on the clauses published at Standard contractual clauses for international transfers | European Commission (europa.eu) (for the EEA and Switzerland) and https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-data-transfer-agreement-and-guidance/ (for the UK), a copy of which can be obtained by Contacting Us, see below) for transfers of personal data from the EEA.
Nonetheless, and in addition to standard contractual clauses, we are committed to subjecting all personal data received from EEA member countries, the United Kingdom, and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework's applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce's Privacy Shield List. https://www.privacyshield.gov/list.
Nails Now is responsible for the processing of personal data it receives under each Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. Nails Now complies with the Privacy Shield Principles for all onward transfers of personal data from the EEA, the United Kingdom, and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Nails Now is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you think your personal data has been transferred pursuant to a Privacy Shield Framework and you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
21. Changes to This Privacy Policy
Nails Now may make changes to this Privacy Policy from time to time. Any changes we make will become effective when we post a modified version of the Privacy Policy to Privacy Policy. If we make any material changes to the Privacy Policy, we may also notify you by posting notice on our websites or within the applicable Nails Now Services, or by sending you an email. If you continue using the Nails Now Services after any notice of any such changes, it means you have accepted them. If you do not agree to any changes, you must stop using the Nails Now Services, as applicable. It is your obligation to ensure that you read, understand and agree to the latest version of The Privacy Policy. The "Last Updated" legend at the top of the Privacy Policy indicates when it was last updated.
22. Contact Us
If you have any questions regarding this Privacy Policy you can contact us via email at privacy@NailsNow.com or via postal mail at:
ATTN: Nails Now Legal - Privacy Policy Issues
NAILS NOW, Inc.
61 Wayside Place
Montclair NJ 07042
For the EEA, you may also:
Contact our Data Protection Officer responsible for your country or region, if applicable at privacy@NailsNow.com.
Lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.
23. Sub-Processors
The following is a list of current third-party vendors that may either directly or indirectly collect information from you in their capacity as a Sub-Processor. Please review the relevant privacy policies (links current as of the date of publication of this Privacy Policy) for further information on how each third-party handles your Personal Information:
Third Party Name | Privacy Policy/Notice Link |
|---|---|
Sendgrid | |
Stripe | |
Twilio | |
Mailchimp |
Privacy Annex for Nails Now Services
Last Updated Date: June 13, 2023
This Privacy Annex ("Annex") is an annex to the agreement which refers to this Annex as being applicable between the Parties ("Agreement"). If there are any conflicts or inconsistencies between (i) this Annex and the Agreement, the provisions of this Annex prevail, or (ii) this Annex and the applicable Standard Contractual Clauses, the provisions of the applicable Standard Contractual Clauses apply to the extent a conflict exists. To the extent that Nails Now acts as a Processor or Service Provider to you as a Controller or Business (or such analogous terms), in relation to Your Data, each of us agrees that we will comply with our obligations under applicable data protection law, including the GDPR, the CCPA, and the UK Data Protection Laws, and the following terms apply.
1. Compliance with your instructions
Nails Now may only process Personal Information in connection with its obligations and rights under the Agreement, or as otherwise instructed by you in writing or required by applicable law. The subject-matter, duration, nature and purpose of the processing, types of Personal Information and categories of individuals will be the same as for the relevant Services to which the processing relates and are set out in the Agreement. Nails Now will not Sell or Share Personal Information. Nails Now may de-identify, pseudonymize or aggregate Your Data for the purposes set forth in the Agreement.
2. Self-Certification
Nails Now self-certifies that it understands the restrictions on its use, processing, disclosure and retention of any Personal Information provided by you or on your behalf, and that we process on your behalf.
3. Compliance Requests
Upon written request, and no more than once per twelve-month period, Nails Now will provide you a copy of a self-certification confirming that Nails Now complies with the applicable requirements of Article 28.3 (h) of the GDPR and Section 1789.100(d)(3) of the CCPA. Such self-certification will be Nails Now's Confidential Information. The Parties acknowledge and agree that such self-certification, where applicable, will satisfy Article 28.3(h) of the GDPR and Section 1289.100(d)(3) of the CCPA.
4. Security
Nails Now will implement commercially reasonable technical and organizational measures for the Services that are designed to protect Personal Information against accidental or unlawful destruction, loss, alteration, disclosure, or access.
5. Assistance
Nails Now will provide reasonable assistance to allow you, at your costs, to notify affected individuals and applicable regulatory authorities upon discovery of a data breach or security incident where compromise of Personal Information is confirmed, to support your compliance with obligations under the GDPR to conduct DPIAs, or similar requirements under other applicable data protection law.
6. Individual Requests
To the extent required by applicable law, Nails Now will make timely notification to you of requests received directly from individuals in relation to the processing of their Personal Information. Nails Now will acknowledge receipt of such request and implement commercially reasonable processes in accordance with applicable data protection laws to verify the identity and nature of the request. Nails Now may refer such request and individual to you directly and provide you with reasonable assistance in meeting the request in a timely manner. Should Nails Now determine it is unable to comply with such request, it will notify the verified requestor, or you that it is unable to provide a response, and the reason(s) for not responding to part or all the subject requests.
You are solely responsible for complying with the obligations of a controller or business under applicable data protection laws, including as applicable providing any necessary notices to, and obtaining any necessary consents from, individuals with respect to the processing of Personal Information pursuant to the Agreement and this Annex.
7. Sub-Processors
You agree that Nails Now may use Sub-Processors to assist Nails Now in processing Personal Information for the performance of the Services, provided that:
7.1 Nails Now imposes no less stringent duties on such Sub-Processors regarding privacy, security and confidentiality of Personal Information as those set out in this Annex;
7.2 Nails Now remains responsible to you for the performance of the relevant Services by the Sub-Processor;
7.3 With respect to Personal Information subject to the GDPR and UK GDPR, Nails Now maintains a list of such Sub-Processors in Section 23 of its Privacy Policy.
8. International Transfers (continued)
Policy. In order to receive notice of any change to this list, you must request to subscribe to the Sub-Processor notification list. You accept that failure to join the list may result in missing the deadline to object to new Sub-Processors. As allowed by applicable law, you may within five (5) business days of receiving a notice, object to the involvement of such new Sub-Processor on objective justifiable grounds related to the ability of such Sub-Processor to protect the Personal Information or comply with data protection requirements applicable to Sub-Processor. In the event that the objection is not unreasonable, the Parties will work together in good faith to find a solution to address such objection, including but not limited to reviewing additional documentation supporting the Sub-Processor's compliance.
8. International Transfers
To the extent that the Services involve a transfer of Personal Information, Nails Now will comply, as the Processor, with its obligations under applicable law to facilitate such transfers through adoption of an adequate transfer mechanism as set out below. With respect to any Restricted Transfer, Nails Now and you hereby enter into Module 2 of the Standard Contractual Clauses, set out in the Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, as amended or replaced from time to time by a competent authority under the relevant data protection laws, which are expressly incorporated herein and take effect in the event of such transfer, and:
8.1 Clause 7 – Docking clause of Module 2 of the Standard Contractual Clauses shall apply;
8.2 Clause 9 – Use of subprocessors of Module 2 of the Standard Contractual Clauses Option 2 (general authorization) shall apply and the "time period" shall be five (5) days in accordance with the Sub-Processor Clause in this Privacy Annex;
8.3 Clause 11(a) – Redress of Module 2 of the EU Standard Contractual Clauses the optional language shall not apply;
8.4 Clause 17 – Governing law of Module 2 of the Standard Contractual Clauses "Option 1" shall apply and the "Member State" shall be Ireland;
8.5 Clause 18 – Choice of forum and jurisdiction of Module 2 of the Standard Contractual Clauses: the Member State shall be Ireland;
8.6 Annex 1 of Module 2 of the Standard Contractual Clauses shall be deemed to be pre-populated with the relevant information of the Parties executing the Agreement, the Order Form and this Annex. Further: (1) The data subjects, categories of data, special categories of data and processing operations and, as applicable, retention periods are set forth on the Nails Now Data Processing Schedule for the relevant Services to which the processing relates; (2) the frequency of the transfer is continuous; (3) the period for which the data will be retained is set forth in the Agreement and (4) data importer may transfer data to its Sub-Processors for the duration of the Services for storage, hosting, computing or similar support services
8.7 The competent supervisory authority shall be consistent with the member state specified through Clause 13; and
8.8 Annex 2 of Module 2 of the Standard Contractual Clauses shall refer to the Security Policy.
With respect to any Personal Information subject to a UK Restricted Transfer, Controller acting on Controller's own behalf and as agent for each Controller Affiliate (each as "data exporter") and Nails Now acting on its own behalf and as agent for each Sub-Processor (each as "data importer") enter into the UK Standard Contractual Clauses (Controller to Processor) as amended by the Commissioner for the UK Data Protection Laws, which are expressly incorporated herein. If at any time the UK Government approves the Standard Contractual Clauses for use under the UK Data Protection Laws, then the Standard Contractual Clauses shall apply (and shall replace the UK Standard Contractual Clauses), in respect of any UK Restricted Transfers, subject to any modifications to the Standard Contractual Clauses required by the UK Data Protection Laws (and subject to the governing law of the UK Standard Contractual Clauses being English law and the supervisory authority being the Information Commissioner's Office ("Commissioner")). Appendix 1 and 2 to the Standard Contractual Clauses shall be deemed to be pre-populated with the information set forth on the Nails Now Data Processing Schedule.
With respect to any Restricted Transfer of Personal Information subject to data protection laws other than those of the EEA or the UK, the data importer(s) will comply mutatis mutandis with terms of the Standard Contractual Clauses applicable to the 'data importer', the terms 'Member State' and 'State' are replaced throughout by the word 'jurisdiction,' and 'supervisory authority' will mean the relevant data protection regulator or other government body with authority to enforce Data Protection Laws.
To the extent any Clauses are superseded by new or amended standard contractual clauses ("Amended Clauses"), the Amended Clauses will be expressly incorporated herein upon Nails Now's written notice to you at least 30 days prior to Nails Now's proposed effective date of the Amended Clauses, and the Amended Clauses shall take effect and be binding upon the Parties as of such effective date, unless you provide written notice of your objection to Nails Now prior to the effective date.
9. Key definitions
Unless otherwise defined below, capitalized terms have the meaning set out in the Agreement or the Privacy Policy.
9.1 "Business" and "Service Provider" have the meaning set out in the CCPA.
9.2 "CCPA" means the California Consumer Privacy Act.
9.3 "Controller" and "Processor" have the meaning set out in the GDPR.
9.4 "EEA" means all member states of the European Union, Norway, Iceland, Liechtenstein and, for the purposes of the Annex, Switzerland.
9.5 "GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation).
9.6 "Parties" means Company and Nails Now.
9.7 "Personal Information" means data that relates to or about an identified or identifiable natural person or, where applicable, household as defined under relevant law, which is provided by you or on your behalf, and that we process on your behalf, pursuant to the Agreement. This may include information such as name, postal address, telephone number, email address, or unique online identifiers.
9.8 "Restricted Transfer" means a transfer of Your Data by or to Nails Now or a Sub-Processor, in each case, where such transfer would be prohibited by applicable data protection laws in the absence of the applicable Standard Contractual Clauses, including transfers of Your Data from within the EEA to the United States.
9.9 "Sell" and Share" have the meaning set out in the CCPA.
9.10 "Standard Contractual Clauses" means the EU standard contractual clauses set out in the Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council for the transfer of personal data to processors established in third countries which do not ensure an adequate level of protection of personal data, which have been approved by the European Commission as adducing adequate safeguards for Restricted Transfers, or any successor clauses thereto or recognized by the European Commission pursuant to Article 46 of the GDPR, or by another relevant competent authority under other relevant Data Protection Laws and Regulations.
9.11 "Sub-Processors" means third party organizations that Nails Now engages for the Processing of the Personal Information and which do not act under Nails Now's direct authority.
9.12 "UK Data Protection Laws" means the (UK) Data Protection Act 2018 and other data protection or privacy legislation in force from time to time in the United Kingdom.
9.13 "UK Restricted Transfer" means a transfer of Your Data from the United Kingdom to a country that has not been deemed to have adequate safeguards within the meaning of the UK Data Protection Laws and which would be prohibited in the absence of the UK Standard Contractual Clauses.
9.14 "UK Standard Contractual Clauses" means, the Standard Contractual Clauses (processors) set out in Decision 2010/87/EC as amended or replaced from time to time, pursuant to Article 46 of the UK GDPR.
10. Full Force and Effect
All other terms and conditions in the Agreement shall remain in full force and effect.
11. Changes
Nails Now may make changes to this Annex from time to time as necessary to reflect changes in our business or legal and regulatory requirements. Changes we make will become effective when we publish a modified version of the Annex on our Websites. If you continue using the Services after any changes, such changes will be deemed accepted.
Security Policy
Last Updated Date: June 13, 2023
1. Introduction
Keeping your data secure, confidential, and readily accessible are Nails Now's greatest priorities. Our industry-leading security program is based on the concept of defense in depth: securing our organization, and users' data, at every layer.
Our security program aligns with CIS CSC 20 and NIST Cybersecurity frameworks and our CORE solution is HITRUST CSF certified. Our payments platform is PCI DSS Level 1 service provider certified. While no system can guard against every potential threat, Nails Now's defensive line is advanced and monitored 24/7, 365 days a year by highly trained professionals.
The focus of Nails Now's security program is to prevent unauthorized access to user data. To this end, our team of dedicated security practitioners, working in partnership with peers across the company, take exhaustive steps to identify and mitigate risks, implement best practices, and continuously develop ways to improve.
Nails Now's security team, led by the Chief Information Security Officer ("CISO"), is responsible for the implementation and management of our security program. The CISO is supported by members of the Cybersecurity Team, who focus on Security Architecture, Product Security, Security Engineering and Operations, Detection and Response, and IT Risk and Compliance.
2. This Agreement
This Security Policy should be read in conjunction with the Privacy Policy.
This Security Policy contains defined terms, which are defined elsewhere in the Agreement. Please refer to these defined terms in reviewing this Security Policy.
When you access, view or use any part of the Nails Now services, you are accepting the terms and conditions of this Agreement.
If you are agreeing to this Security Policy on behalf of a corporation or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the Agreement. If you do not have such authority, you must not enter into this Agreement and may not use any of our services or content.
Having considered the above preliminary matters and mutual agreements below, the Parties hereby agree as follows:
3. Secure by Design
Nails Now's security team has built a robust, secure development lifecycle, which utilizes manual code reviews, static code analysis, and external/internal red team penetration testing. While we strive to catch all vulnerabilities in the design and testing phases, we realize that sometimes, mistakes happen. With this in mind, we have created a public bug reporting program to facilitate responsible disclosure of potential security vulnerabilities. All identified vulnerabilities are validated for accuracy, triaged, and tracked to resolution.
4. Encryption
A. Data in transit
All data transmitted between Nails Now users and the Nails Now services is done so using strong encryption protocols. Nails Now supports the latest recommended secure cipher suites to encrypt all traffic in transit, including the use of TLS 1.2 protocols and AES256 encryption.
B. Data at Rest
Credit Card and PHI (SOAP notes field) data at rest in Nails Now's production network is encrypted using industry standards for data encryption. All encryption keys are stored in a secure server on a segregated network with limited access. Nails Now has implemented appropriate safeguards to protect the creation, storage, retrieval, and destruction of secrets such as encryption keys and service account credentials. Each Nails Now user's data is hosted in our shared infrastructure and logically separated from other users' data. We use a combination of storage technologies to ensure user data is protected from hardware failures and returns quickly when requested.
5. Network Protection
Network access to Nails Now's production environment from open, public networks (the Internet) is restricted, with only a small number of production services accessible from the Internet. Only those network protocols essential for the delivery of Nails Now's service to its users are open at our perimeter. Nails Now utilizes third-party Content Distribution Network ("CDN") services for redundancy and performance of services. In addition to CDN, Distributed Denial of Service ("DDoS") and bot protections are provided through third-party services. All secure servers are protected by firewalls, best-of-class router technology, TLS encryption, file integrity monitoring, and network intrusion detection that identifies malicious traffic and network attacks.
A. Endpoint Security
All workstations issued to Nails Now personnel are configured by Nails Now to comply with our standards for security. These standards require all workstations to be properly configured, updated, tracked, and monitored by Nails Now endpoint management solutions. Nails Now's default workstation configuration encrypts data at rest, requires strong passwords, and locks when idle. Workstations run up-to-date monitoring software to report potential malware, unauthorized software, or other compromises.
B. Access Control
To minimize the risk of data exposure, Nails Now adheres to the principles of least privilege and role-based permissions when provisioning access. Nails Now employees and affiliates are only authorized to access data that they reasonably must handle to fulfill their current job responsibilities. All production access is reviewed internally and is part of compliance with PCI and HITRUST.
To further reduce the risk of unauthorized access to data, Nails Now employs multi-factor authentication for all privileged access to systems with highly classified data, including our production environment, which hosts our user data.
C. System Monitoring, Logging, and Alerting
Nails Now monitors servers, workstations, and networks to maintain and analyze a comprehensive view of the security state of its corporate and production infrastructure. Administrative access, use of privileged commands, and system calls on all servers hosting sensitive data in the Nails Now production network are logged, analyzed, and retained in accordance with PCI and HITRUST requirements.
All networks are monitored using a Security Incident Event Management ("SIEM") system that gathers logs from all network systems and creates alert triggers based on correlated events. In addition to internally managed SIEM, Nails Now utilizes third-party incident detection and response services for additional monitoring and analysis.
Intrusion detection sensors throughout our internal network report events to the internal and external SIEM systems for logging and for the creation of alerts and reports.
D. Vendor Management
In order to provide you with our services, Nails Now may rely on other service organizations that provide their services to Nails Now ("Subservice Organizations"). Where those Subservice Organizations may impact the security of Nails Now's production environment, we take appropriate steps to ensure our security posture is maintained by establishing agreements that require Subservice Organizations to adhere to confidentiality commitments we have made to users. Nails Now monitors the effective operation of the Subservice Organization's safeguards by conducting reviews of all such controls before use.
E. Security Compliance Audits and Assessments
Nails Now is continuously monitoring, auditing, and improving the design and operating effectiveness of our security controls. These activities are regularly performed by both third-party credentialed assessors and Nails Now's internal IT Risk and Compliance teams.
Assessment and audit results are shared with senior management, and all findings are tracked to ensure prompt remediation.
F. Penetration Testing
In addition to our compliance audits and assessments, Nails Now engages both internal red teams and independent external entities to conduct application-level and infrastructure-level penetration tests at least annually. The results of these tests are shared with senior management and any potential issues are triaged, prioritized, and remediated promptly.
G. Hosting Providers
Our hosting and cloud service providers are PCI compliant and have completed the industry standard SOC 2 certifications. This includes controls and processes such as multi-factor authentication, role-based access controls ("RBAC"), redundant utilities, and strict change management processes.
No computer system or information can ever be fully protected against every possible threat. Nails Now is committed to providing reasonable and appropriate security controls to protect our services, Websites, and information against foreseeable threats. If you have any questions about Nails Now security, you can contact us at securityinquiries@NailsNow.com
6. Expectations
A. User Expectations
Nails Now maintains the security of Nails Now systems, however, you as a Nails Now user are responsible for implementing other security practices. We recommend that you:
Maintain an appropriate level of security (both physical and logical) for all local systems (including but not limited to networks, desktop computers, credit card readers, tablets, and mobile devices);
Install appropriate anti-virus and anti-malware protection;
Enable web browser auto-updates;
Implement a robust operating system and software patching process;
Implement secure user and password management processes, including periodic password changes, deleting user accounts promptly after staff departures;
Replace old peripherals and hardware with more modern and secure alternatives;
For example, replace systems with non-supported operating systems
For example, replace swipes with EMV devices
Use the Nails Now systems as designed;
Restrict access to consumer data if there is no business need for the team member to view;
Use at least TLS v1.2 when connecting to the internet; and
Notify Nails Now immediately of any suspected compromise or unusual account activity by sending an email to securityinquiries@Nails Now.me.
B. Cardholder Data Handling Expectations
Nails Now is certified as a Level 1 Service Provider under PCI DSS Version 3.2
Any merchant who accepts Visa, MasterCard, American Express, or Discover credit cards for payment is subject to the Payment Card Industry Data Security Standard ("PCI DSS"), which outlines credit card processing merchants' responsibilities for the protection of Cardholder Data. We strongly recommend you follow the requirements of the PCI DSS when handling Cardholder Data. Please refer to the PCI DSS website for a complete list of all rules and restrictions that may apply
At a minimum, you must:
Maintain updated anti-virus software on all workstations engaged in credit card processing and remove any programs that the anti-virus software flags as potentially malicious;
Restrict permission to install software on those computers to users, business owner and/or trusted senior staff;
Maintain up-to-date versions of operating systems (e.g., Microsoft Windows or Macintosh OS) and applications (e.g., Microsoft Office, Adobe Reader, Java, Google Chrome), with all security updates and patches installed;
Ensure that every individual that logs into the services has a unique username and password that is known only by that individual;
Only store credit card account numbers in encrypted credit card fields designed for that purpose; and
Destroy any hard copy documents that have Cardholder Data written on them.
DISCLAIMER OF RESPONSIBILITY FOR CARDHOLDER DATA. If you use the optional Payment Processing Service to process payments, Nails Now is responsible for protecting Cardholder Data only after such Cardholder Data is encrypted and received by Nails Now's system(s). You remain responsible for the proper handling and protection of Cardholder Data until such Cardholder Data is encrypted and received by Nails Now's system(s).
9. Changes to the Security Policy
We may, in our sole discretion, make changes to this Security Policy from time to time. Any changes we make will become effective when we post a modified version of the Security Policy to Our Website, and we agree the changes will not be retroactive.
If you have any questions regarding this Security Policy, you can contact us by email at, securityinquiries@Nailsnow.com or by postal mail at:
Peter Korian
Chief Information Security Officer, VP Cybersecurity
NAILS NOW, Inc.
61 Wayside Place
Montclair NJ 07042
Nails Now Service Level Agreement
Last Updated Date: June 13, 2023
This document is subject to and forms a part of our Terms of Service (the "Agreement") and outlines the uptime commitments for our Software Service. Capitalized terms not defined below will have the meanings given to them in the Agreement.
1. Uptime Commitment.
We will make the Software Service available to you on a twenty-four hour, seven days a week (24x7) basis at a rate of 99.9% ("Uptime Requirement").
The Uptime Requirement will commence on the date you first access the Software Service with a paid subscription ("Commencement Date").
2. Measurement Method.
The Uptime Requirement will be measured over each consecutive twelve (12) month period ending on the anniversary of the Commencement Date (each, a "Measurement Period"). The Uptime Metric percentage will be calculated based on a fraction as follows:
Total – Nonexcluded – Excluded
Total – Excluded
Where:
Total means the total number of minutes in the Measurement Period
Nonexcluded means downtime during Measurement Period that's not excluded
Excluded means downtime or performance issues caused by any of the following:
Scheduled maintenance for which we give you at least forty-eight (48) hours' prior notice
Force majeure event (as described in the Agreement)
Overall Internet congestion, slowdown, or unavailability
Suspension or termination of Software Service by Nails Now pursuant to the Agreement
Your equipment or third-party telecommunications, computer hardware, software, or network infrastructure not within the sole control of Nails Now
3. Software Service Credits.
If the Software Service fails to meet the Uptime Requirement during a Measurement Period, as your sole and exclusive remedy, you may receive a credit to your account as follows:
Service Availability and Credits | |
|---|---|
Availability: | |
99.9% or higher | No Credit |
98%-99.8% | One (1) free month of Software Subscription Service |
95%-97.9% | Two (2) free months of Software Subscription Service |
90%-94.9% | Three (3) free months of Software Subscription Service |
Below 90% | Six (6) free months of Software Subscription Service |
4. Credit Requests.
If you believe the Uptime Requirement has not been met in a Measurement Period, in order to receive a credit you must submit a Support Request no later than thirty (30) days after the end of the applicable Measurement Period. The email must include dates, times and descriptions of each instance of downtime, and any supporting calculations. All properly submitted credit requests will be verified against Nails Now's logs and system records.
To be eligible for a credit hereunder, you must maintain a paid subscription in good standing for a minimum of twelve (12) consecutive months. You are not eligible to receive credit for any Measurement Period in which you breached the Agreement or failed to meet your payment obligations to Nails Now. Credits will be applied to future services only, and any unused credits will be non-refundable upon termination of the Agreement. Beta and trial services are excluded from this SLA.
Standard Support Services
Below you'll find information regarding Nails Now's available support resources, support hours, hours of operation, and contact information. Our support services are available to all users and all software packages.
Note: Support services may occasionally be unavailable due to company-planned events, phone/internet disruptions, and/or natural disasters. All disruptions are listed on our status website and/or added to the phone messaging when you call.
Nails Now Intellectual Property Policy
Last Updated: June 20, 2023
Nails Now respects the intellectual property rights of others, and we expect those who use our Services to do the same. This policy describes the process for submitting complaints concerning material on our Services.
This policy is subject to and forms a part of our Terms of Service. Capitalized terms that are not defined will have the meanings given to them in the Terms of Service.
1. Copyright Claims.
Notices
Infringing someone else's copyright is prohibited by our Terms of Service. We suggest you seek legal advice if you are unsure whether any material on the Services infringes your copyright. If you believe in good faith that any material available on the Services infringes your copyright, you (or your agent) may notify our designated Copyright Agent in writing at:
ATTN: Nails Now Copyright Agent
NAILS NOW, Inc.
61 Wayside Place
Montclair NJ 07042
To be effective, your notice must be in writing and must include the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyrighted work claimed to have been infringed.
An identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the works claimed to have been infringed.
Identification of the material on our Services that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on our Services.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may provide notice of alleged copyright infringement to our Subscribers through our Software Service, by sending an email, or by written communication sent to the subscriber's physical address contained in our records.
Counter Notices
If you receive a notice of alleged copyright infringement from us, you may elect to provide counter notification in writing to our Copyright Agent. To be effective, your counter notification must be provided in writing to our Copyright Agent and must include the following information:
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address you provide is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the complaining party who provided us with a notice of infringement or an agent of such person.
Please do not make false claims of copyright infringement. Under the Digital Millennium Copyright Act, 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to monetary liability.
Repeat Infringement
It is Nails Now's policy, in appropriate circumstances, to terminate the accounts of subscribers who are repeat infringers or are repeatedly charged with infringement.
2. Trademark Claims.
Notices
Infringing someone else's trademark rights is prohibited by our Terms of Service. We suggest you seek legal advice if you are unsure whether any material on the Services infringes your trademark rights. If you believe in good faith that any material available on the Services infringes your trademark, you (or your agent) may notify us in writing at:
ATTN: Nails Now Legal
NAILS NOW, Inc.
61 Wayside Place
Montclair NJ 07042
You may be required by law to include certain information in your trademark infringement notice to us, therefore we suggest seeking legal advice prior to submitting a claim of this nature. At a minimum, your written notice should include the following:
Your physical or electronic signature or that of the individual authorized to act on the trademark owner's interest.
Trademark name, registration number (if applicable), registration country, legal owner.
Description of where the content is located on our Services.
Description of how the trademark is allegedly infringed.
Statement that you declare, under penalty of perjury, that (a) you are the owner of, or you are otherwise authorized to act on behalf of the owner of, the trademarks that you alleged are infringed; (b) the information you have provided in your notice to Nails Now is accurate and complete; (c) you have a good faith belief that the use of the trademark in the manner described in the notice is not authorized by the trademark owner or otherwise permitted under applicable law.
Note that before you submit a notice of trademark infringement to us, you may find it useful to contact the individual or entity who posted the content or material that you believe is infringing, as it is possible that by bringing it to their attention you may be able to resolve the matter without us. Keep in mind, however, if you choose to contact the individual directly instead of submitting a claim to us, we will not receive a copy of your message and will not be aware of the issue.
Nails Now will review all properly submitted claims, which may result in us removing the reported content from the Services. In some instances Nails Now may need, in its sole discretion, to remove the content prior to contacting the party that posted it. If the content is removed, the party that posted the content will receive a notice from Nails Now letting them know that the content they posted was removed because of your claim. Nails Now will provide them with a copy of your submission including the contact information you provided to us, the name of your organization or whom you represent, if any, and the contents of your claim.
Nails Now Consumer Agreement
Last Updated: May 25, 2022
This Nails Now Consumer Agreement (the "Agreement") is a legal agreement between you (including your heirs, assigns, and successors) (collectively, "you," "your") and Nails Now, Inc. and its affiliates (collectively, "Nails Now," "we," "our" or "us") governing your use of Nails Now's consumer web-based application and/or mobile applications (collectively, the "Nails Now App"). Please read this Agreement carefully. By clicking on the "I Accept" button, completing the registration process, and/or downloading, and/or using the Nails Now App, you represent that (1) you have read, understand, and agree to be bound by this Agreement, (2) you are of legal age to form a binding contract with Nails Now, and (3) you have the authority to enter into this Agreement personally or on behalf of the company you have named as the user, and to bind that company to the Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE NAILS NOW APP.
PLEASE BE AWARE THAT SECTION 27 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND NAILS NOW TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
1. Nails Now App Registration and Account Activation.
The Nails Now App allows you to create one (1) universal consumer profile that enables you to perform aggregated searches, then schedule and pay for beauty services offered by participating businesses and independent practitioners ("Nails Now Subscribers").
The Nails Now App also enables you to synchronize any consumer accounts you have previously created with Nails Now Subscribers, so that you may view your history of purchases and visits with those providers, use any current series, membership, gift card or account credits you may have with those providers, and to renew or purchase additional services.
To make credit or debit card purchases from Nails Now or the Nails Now Subscribers, you must complete the registration and open an account within the Nails Now App ("Nails Now App Account"). You do this by providing your first and last name and email address, completing your email verification, and associating one (1) or more valid credit or debit cards with that Nails Now App Account. You must provide accurate and up-to-date information. You are solely responsible for managing your Nails Now App Account. Your Nails Now App Account is non-transferrable and may not be sold, combined or otherwise shared with any third party. We reserve the right to suspend or terminate your Nails Now App Account if you provide inaccurate, untrue, or incomplete information or if you attempt to use your Nails Now App Account to engage in illegal or unethical activities.
2. Accepted Payment Methods.
The Nails Now App allows you to make payments by those methods accepted by Nails Now and the Nails Now Subscribers. Typically, these are card-based methods, including cards bearing the trademarks of Visa Inc., MasterCard International Inc., Discover Inc., and/or American Express Inc. (collectively, the "Networks"). Please note that Nails Now and Nails Now Subscribers may not accept all payment methods, including all card-based payment methods. The Networks accepted by Nails Now and each Nails Now Subscriber are displayed in the Nails Now App. We are not a bank, and do not offer banking services as defined by the United States Department of Treasury. We also do not offer money service business services as defined by the United States Department of Treasury. You can associate with your Nails Now App Account any U.S.-issued and most non-U.S. issued credit, debit, pre-paid, or gift cards with a Visa, MasterCard, American Express, or Discover logo. Nails Now and Nails Now Subscribers may update at any time the list of card types that they accept and you may associate with your Nails Now App Account. You may not associate Health Savings Account cards with your Nails Now App Account, even if they have a Visa, MasterCard, American Express, or Discover logo on them.
3. Your Authorization for Purchases Made Through the Nails Now App.
By associating a payment card with your Nails Now App Account, searching for and reserving services in the Nails Now App, and agreeing to pay for those services within the Nails Now App, you are authorizing a charge to your payment card as necessary to complete the purchase. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made through the Nails Now App, you also authorize a credit to your payment card to accomplish that transaction.
Purchases you authorize through the Nails Now App may also be subject to terms and conditions set forth by the Networks and/or the entities that issue your card. You are responsible for complying with those terms and conditions, and you are responsible for charges and related fees and billing terms imposed by those terms and conditions as well as any fees and/or surcharges imposed by Nails Now or a Nails Now Subscriber.
4. Compatible Mobile Devices and Third Party Carriers.
Your Nails Now App Account permits you to make payments on a compatible mobile device. Devices modified contrary to the manufacturer's software or hardware guidelines, including but not limited to disabling hardware or software controls-sometimes referred to as "jailbreaking", are not compatible mobile devices. You acknowledge that the use of a modified device to use the Nails Now App is expressly prohibited, constitutes a violation of the terms of this Agreement, and is grounds for termination of your Nails Now App Account. Nails Now does not warrant that the Nails Now App will be compatible with your mobile device or third party carrier.
Your use of the Nails Now App may be subject to the terms of your agreements with your mobile device manufacturer and your carrier.
5. App Stores.
You acknowledge and agree that the availability of the Nails Now App is dependent on the third party from whom you received the Nails Now App license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that this Agreement is between you and Nails Now and not with Apple, Google, or their App Stores. Nails Now, not Apple, Google, or their App Stores, is solely responsible for the Nails Now App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Nails Now App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Nails Now App. You agree to comply with, and your license to use the Nails Now App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the Nails Now App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.
6. Restrictions on Use.
By using the Nails Now App, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a "Minor"), that you are using the Nails Now App with the consent of your parent or legal guardian and that you have received your parent's or legal guardian's permission to use the Nails Now App and agree to this Agreement. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to this Agreement and to fully indemnify and hold harmless Nails Now if the Minor breaches any of the terms of this Agreement. If you are not at least 13 years old, you may not use the Nails Now App at any time or in any manner or submit any information to the Nails Now App or Nails Now.
The Nails Now App and your Nails Now App Account may only be used in a country or territory where current Nails Now Subscribers exist and the laws of that country or territory permit its use. You may not export the Nails Now App directly or indirectly, and you acknowledge that the Nails Now App may be subject to export restrictions imposed by U.S. law, including U.S. Export Administration Regulations (15 C.F.R. Chapter VII).
By creating a Nails Now App Account, you also confirm that you will not make payments in connection with the following businesses or business activities: (1) any illegal activity, (2) credit counseling or repair agencies, (3) credit protection or identity theft protection services, (4) direct marketing or subscription offers or services, (5) infomercial sales, (6) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (7) multi-level marketing businesses, (8) inbound or outbound telemarketers, (9) prepaid phone cards or phone services, (10) rebate based businesses, (11) upsell merchants, (12) bill payment services, (13) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (14) financial institutions offering manual or automated cash disbursements, (15) financial institutions offering merchandise and services, (16) sales of money orders or foreign currency by non-financial institutions, (17) wire transfer money orders, (18) high-risk merchants, including telemarketing merchants, (19) service station merchants, (20) automated fuel dispensers, (21) adult entertainment oriented products or services (in any medium, e.g., internet, telephone or printed material), (22) internet/mail order/telephone order firearm or weapon sales, (23) internet/mail order/telephone order cigarette or tobacco sales, (24) drug paraphernalia, (25) hate products, (26) escort services, and/or (27) bankruptcy attorneys.
7. Nails Now Subscriber Loyalty Programs.
Nails Now Subscribers may choose to offer loyalty programs to reward their customers. These loyalty programs may be linked to your Nails Now App Account. Any such loyalty programs and any rewards associated with them are offered by the Nails Now Subscriber alone (and not by Nails Now). Should you have questions about any Nails Now Subscriber loyalty program, please ask the Nails Now Subscriber for more information about the program, including any applicable terms and conditions. Rewards associated with Nails Now Subscriber loyalty programs have no cash value, and Nails Now Subscriber may choose to discontinue its loyalty program(s) at any time.
8. Texting Features Consent.
Nails Now may, from time to time, offer text message programs, including one-time texts and subscription text services, where Nails Now or a Nails Now Subscriber texts you for alerts, promotions and other purposes ("SMS Texting Services").
To the extent you use any feature of the Nails Now App that enables you to send text message to device holders and you elect to use the feature, you acknowledge that Nails Now only provides a platform for you to send text messages through the Nails Now App and has no responsibility or liability for any such text messages or related message content. Your responsibilities as set forth in this Agreement will remain your sole responsibility and liability even if Nails Now offers advice or guidance regarding the text messages you transmit.
9. Unauthorized or Illegal Transactions.
We may decide not to process a transaction if we believe that the transaction is in violation of any Nails Now agreement or exposes you, other Nails Now users, our partners, including any Nails Now Subscribers, or Nails Now to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your Nails Now App Account has been used for any unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Nails Now App Account, and/or any of your transactions with law enforcement.
10. Nails Now App Purchase Information.
By using the Nails Now App, you give Nails Now permission to share your email address, first and last name and purchase histories with the Nails Now Subscribers you make purchases with. You also give us permission to import into your Nails Now App Account and to share with Nails Now Subscribers information about purchases you have made using your payment card and any of Nails Now's products or services. More information can be found in the Nails Now Privacy Policy.
11. Your Privacy.
Our privacy policy governs how we collect and use personal information that is submitted through our apps and services. Upon agreeing to be bound by this Agreement you confirm that you have read, understood and accepted Nails Now's Privacy Policy.
12. Customer Service Disclaimer.
You understand and agree that Nails Now is not responsible for the goods and services that you purchase through the Nails Now App. Third-party merchants, including Nails Now Subscribers, and not Nails Now, provide those goods and services. These merchants, and not Nails Now, are responsible for customer service related to those goods and services, including the nature, content and quality of the appointment, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant's personnel, policies, or processes. The Networks and/or other entity issuing your payment card, and not Nails Now, is responsible for customer service related to your payment card.
13. Disclosures and Notices.
You acknowledge and agree that Nails Now may provide disclosures and other notices required by law and other information about your Nails Now App Account to you electronically by posting them on the Nails Now App or by emailing the email address listed in your Nails Now App Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. You are responsible for providing Nails Now with your most current e-mail address. In the event that the last e-mail address you provided to Nails Now is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Nails Now's dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
14. User Content.
In connection with registering for a Nails Now App Account, you may provide reviews, feedback and other content regarding Nails Now products and services or Nails Now Subscribers. This content may include photos, name, alias, likeness, appearance, form or other materials or information uploaded to the Nails Now App ("User Content"). You agree that you will not upload User Content to the Nails Now App unless you have created that content yourself or you have permission from the copyright owner to do so.
For any User Content that you upload to the Nails Now App, you grant us and our subsidiaries, affiliates, and successors a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right and license to use, license, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, derive revenue or other remuneration from, and communicate to the public, perform, and display that User Content (in whole or in part) throughout the world in any media in order to provide and promote the Nails Now App and Nails Now's business. You retain all rights in your User Content, subject to the rights granted to Nails Now in this Agreement. You may modify or remove your User Content via your Nails Now App Account or by terminating your Nails Now App Account. For User Content containing audio and/or video recordings or livestreams of my participation in Flex, you hereby waive all rights and release and discharge Nails Now from all manner of actions, causes of action, debts, accounts, contracts, claims and demands whatsoever, including defamation, invasion of right to privacy, publicity or personality or any similar matter, arising out of or relating to the use and exploitation of such User Content or your name, alias, likeness, appearance and form.
You agree not to upload to the Nails Now App or otherwise post, transmit, distribute, or disseminate through the Nails Now App, any content that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Nails Now's or its partners' products and services, as determined by Nails Now in its sole discretion; or (f) in Nails Now's sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Nails Now App, or which may expose Nails Now, its affiliates, or users to harm or liability of any nature.
You acknowledge that Nails Now has no obligation to pre-screen, edit, or monitor any User Content, although Nails Now reserves the right in its sole discretion to refuse, remove, screen, edit or disable any User Content at any time and for any reason without notice. You understand that by using the Nails Now App, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
We expect users to respect the intellectual property of others. Please see our Intellectual Property Policy for more information on notifying us of copyright or trademark violations.
15. Intellectual Property Policy.
Nails Now respects the intellectual property rights of others and will investigate and respond to notices of alleged infringement that are properly submitted in accordance with our Intellectual Property Policy, as may be updated by Nails Now from time to time. Any data or information submitted to the Nails Now App is subject to our Intellectual Property Policy.
16. Your Right to Terminate.
You may terminate this Agreement at any time by closing your Nails Now App Account and ceasing to use the Nails Now App.
17. Our Right to Suspend or Terminate.
We may terminate this Agreement and close your Nails Now App Account for any reason or no reason (with or without notice) at any time, including (but not limited to), if you (a) have violated the terms of this Agreement or any other agreement you have with Nails Now or Nails Now's policies, (b) pose an unacceptable credit or fraud risk to us, and/or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct on the Nails Now App.
18. Effect of Termination.
If your Nails Now App Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Nails Now App, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that Nails Now shall not be liable to you or any third party for termination of access to the Nails Now App, or for deletion of your information or account data.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Nails Now App, or in connection with any termination or suspension of the Nails Now App. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you as provided in this Agreement.
19. License Grant to You.
Subject to your compliance with this Agreement, Nails Now hereby grants you a personal, limited, non-exclusive, revocable, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Nails Now App on a single mobile device that you own or control and to run such copy of the Nails Now App solely to find and reserve services and make purchases from Nails Now Subscribers in accordance with this Agreement. You will not: (a) modify, copy or create any derivative works based on the Nails Now App; (b) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make the Nails Now App available to any third party; (c) reverse engineer or decompile any portion of the Nails Now App; (d) access or use (or allow a third party to access or use) the Nails Now App for competitive analysis or to build any competing products or services; (e) copy any features, functions, integrations, interfaces or graphics of the Nails Now App; or (f) otherwise use or exploit the Nails Now App in any manner not expressly permitted by this Agreement. Furthermore, with respect to any app accessed through or downloaded from the App Store, you will comply with the applicable App Store's terms and policies. You will be entitled to download updates to the Nails Now App, subject to any additional terms made known to you at that time, when Nails Now makes these updates available. You may be required to accept updates to the Nails Now App in order to continue to use the Nails Now App.
20. Restrictions on Use.
You may use the Nails Now App only to the extent that you obey all laws, rules, and regulations applicable to your use of the Nails Now App. While we want you to enjoy the Nails Now App, you may not, nor may you permit any third party to do any of the following: (i) access or monitor any material or information on any Nails Now system using any manual process or robot, spider, scraper, or other automated means; (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from Nails Now; (iii) permit any third party to use or benefit from the Nails Now App via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) violate the restrictions in any robot exclusion headers on the Nails Now App or any Nails Now service or product, work around, bypass, or circumvent any of the technical limitations of the Nails Now App, use any tool to enable features or functionalities that are otherwise disabled in the Nails Now App, or decompile, disassemble or otherwise reverse engineer the Nails Now App; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Nails Now App, prevent access to or use of the Nails Now App by other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Nails Now App except as expressly permitted herein.
21. Ownership.
The Nails Now App is licensed and not sold. Nails Now reserves all rights not expressly granted to you in this Agreement. The Nails Now App is protected by copyright, trade secret and other intellectual property laws. Nails Now owns the title, copyright and other worldwide intellectual property rights in the Nails Now App and all copies of the Nails Now App. This Agreement does not grant you any rights to Nails Now's trademarks or service marks.
22. Feedback.
You may choose to or we may invite you to submit comments or ideas about the Nails Now App, including without limitation about how to improve the Nails Now App or our other products ("Feedback"). You represent and warrant that you have all rights necessary to submit Feedback. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place Nails Now under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Nails Now does not waive any rights to use similar or related ideas previously known to Nails Now or developed by its employees, or obtained from sources other than you. Nails Now has no obligation to review any Feedback nor to keep any Feedback confidential, and Nails Now may use and redistribute Feedback for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
23. Indemnification.
You agree to release, indemnify, defend, and hold harmless Nails Now and its affiliates and their respective employees, officers, agents, directors, representatives, contractors, licensors, suppliers and service providers (collectively, the "Nails Now Parties") from and against any and all third-party claims asserted against and of them, and all related costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of or relating to: (a) any actual or alleged breach by you of this Agreement; (b) your access to or use of the Nails Now App; or (c) any actual or alleged violation by you of the intellectual property, privacy or other rights of third party. This provision does not require you to indemnify any of the Nails Now Parties to the extent that a claim arises from any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Nails Now App.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold harmless the Nails Now Parties from and against any and all third-party claims asserted against and of them, and all related costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of or relating to any actual or alleged breach by you of this Agreement.
Nails Now reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Nails Now in asserting any available defense and doing so will not otherwise excuse your indemnity obligations.
24. Representation and Warranties.
You represent and warrant to us that: (a) you are at least eighteen (18) years of age (or as otherwise provided in Section 6 above); (b) you are eligible to register and use the Nails Now App and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including any applicable tax laws and regulations; (e) you will not use the Nails Now App, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Nails Now App; and (f) your use of the Nails Now App will be in compliance with this Agreement.
25. Disclaimer of Warranties and Conditions.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE NAILS NOW APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOUR USE OF THE NAILS NOW APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NAILS NOW APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NAILS NOW OR THROUGH THE NAILS NOW APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NAILS NOW, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT ANY CONTENT OR INFORMATION PROVIDED THROUGH THE NAILS NOW APP, INCLUDING, WITHOUT LIMITATION, ANY BUSINESS LISTINGS, OR RATINGS, REVIEWS OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE NAILS NOW APP, IS ACCURATE, RELIABLE OR CORRECT; THAT THE NAILS NOW APP WILL MEET YOUR REQUIREMENTS; THAT THE NAILS NOW APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE NAILS NOW APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT NAILS NOW IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE NAILS NOW APP'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABLES, OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT DOWNLOADED OR OTHERWISE MADE AVAILABLE THROUGH USE OF THE NAILS NOW APP, INCLUIDING, WITHOUT LIMITATION, ANY BUSINESS LISTINGS, RATINGS, REVIEWS OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE NAILS NOW APP. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE NAILS NOW APP, OR THE CONTENT OR SERVICES MADE AVILABLE THROUGH THE NAILS NOW APP SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE NAILS NOW APP.
NAILS NOW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NAILS NOW APP OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NAILS NOW WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
26. Limitation of Liability and Damages.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAILS NOW, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE NAILS NOW APP. UNDER NO CIRCUMSTANCES WILL NAILS NOW BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE NAILS NOW APP, YOUR NAILS NOW APP ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NAILS NOW, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE NAILS NOW APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NAILS NOW APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE NAILS NOW APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE NAILS NOW APP; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL NAILS NOW, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NAILS NOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL APPLY FULLY TO NEW JERSEY RESIDENTS.
The Nails Now App is controlled and operated from facilities in the United States. Nails Now makes no representations that the Nails Now App is appropriate or available for use in other locations. Those who access or use the Nails Now App from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Nails Now App if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Nails Now App are solely directed to individuals, companies, or other entities located in the United States.
27. Arbitration Agreement.
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Nails Now and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. If a dispute of any kind arises with a Nails Now Subscriber, you agree to resolve that dispute with the applicable Nails Now Subscriber. For any dispute that you have with Nails Now, we will make every reasonable effort to resolve any disagreements that you have with us. If those efforts fail, by using the Nails Now App, you agree that ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND NAILS NOW, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, THAT ARE NOT RESOLVED PURSUANT TO THE PREVIOUS SENTENCE WILL BE RESOLVED by binding arbitration, rather than in court, except that (i) you or Nails Now may assert claims in small claims court if the claims qualify; and (ii) you or Nails Now may seek relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior to this version of this Agreement.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our offices at 61 Wayside Place, Montclair NJ 07042. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Nails Now will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Nails Now will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of New York, United States of America. You and Nails Now further agree to submit to the personal jurisdiction of any federal or state court in the county of New York in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall apply California law consistent with the Federal Arbitration Act and shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Nails Now. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND NAILS NOW HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Nails Now are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 27(a), above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class Actions or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Nails Now, Attention: NN App Arbitration Opt Out, 61 Wayside Place, Montclair NJ 07042,or at Support@nailsnow.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Nails Now username (if any), the email address you used to set up your Nails Now App account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in subsection 27(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Nails Now.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Nails Now makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: Nails Now, Attention: NN App Arbitration Opt Out, 61 Wayside Place, Montclair NJ 07042,or at Support@nailsnow.com. Modifications to this Arbitration Agreement will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Modification" is not enforceable or valid, then this subsection shall be severed from the Arbitration Agreement and the court or arbitrator shall apply the first Arbitration Agreement in existence after you began using the Nails Now App.
28. Exclusive Venue.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Nails Now agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in New York County, New York.
29. Governing Law.
This Agreement any action related thereto will be governed and interpreted by and under the laws of the state of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
30. Limitation on Time to Initiate a Dispute.
Unless otherwise required by law, an action or proceeding by you relating to any dispute must commence within one (1) year after the cause of action accrues. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
31. Right to Amend.
We may, in our sole discretion, change or add to the terms of this Agreement at any time, and change, delete, discontinue, or impose conditions on any feature or aspect of the Nails Now App. We will also update the "Last Updated" date at the top of this Agreement. Any use of the Nails Now App after our publication of any such changes shall constitute your acceptance of this Agreement as modified. If you do not agree to any changes, you must stop using the Nails Now App, and you can terminate your Nails Now App Account by emailing Support@nailsnow.com. It is your obligation to ensure that you read, understand and agree to the latest version of this Agreement.
32. Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, transferred or delegated by Nails Now without restriction. This Agreement is binding on the parties and their successors and permitted assigns.
33. Third-Party Services and Links.
Through the Nails Now App, you may be offered and given access to services, products and promotions provided by third parties and not by Nails Now ("Third Party Services"). If you decide to access or use these Third Party Services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that Nails Now is not responsible for the performance of these services or the acts or omissions of the entities that provide them. The Nails Now App may contain links to third-party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by Nails Now. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement. Nails Now expressly disclaims any liability for these websites and the acts and omissions of the entities that provide them. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link in the Nails Now App, is subject to that digital property's own rules and policies.
34. Questions, Complaints, Claims.
If you have any questions, complaints or claims with respect to the Nails Now App, please contact us at support@nailsnow.com We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
35. Electronic Communications.
The communications between you and Nails Now use electronic means, whether you visit the Nails Now App or send Nails Now e-mails, or whether Nails Now posts notices on the Nails Now App or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Nails Now in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Nails Now provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
36. Release.
You hereby release Nails Now and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Nails Now App, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Nails Now App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Nails Now or for such party's fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Nails Now App.
37. Consumer Complaints.
In accordance with New York Civil Code, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the New York Department of Consumer Affairs.
38. General Provisions.
Except as expressly provided in this Agreement, this Agreement a complete statement of the agreement between you and Nails Now, and describes the entire liability of Nails Now and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the Nails Now App. Nails Now shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, pandemics, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. In the event of a conflict between this Agreement and any other Nails Now agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Nails Now. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that Nails Now may have under trade secret, copyright, patent, or other laws. Nails Now's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term
39. Survival.
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 8, 10-15, 18, 21-33, 35, 36, 38 and 39.
Cookies and Similar Technologies Policy
Last Updated: July 31, 2019
This Cookies & Similar Technologies Policy ("Cookie Policy") describes the different types of cookies and similar technologies that are used on the websites of NAILS NOW, Inc. and its affiliates ("Nails Now"). Please also consult our Privacy Policy to understand how we handle personal and other information in general.
1. What are Cookies and Similar Technologies?
Cookies are a standard feature of websites that allow us to store small amounts of data on your computer or other device about your visit to our websites. Cookies help us learn which areas of our websites are useful and which areas need improvement.
Some cookies may facilitate additional website features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analysing usage for website optimization, providing custom or localized content and pricing, allowing third parties to provide social sharing tools, and serving images or videos from third party websites. Some features on this site will not function if you do not allow cookies. We may link the information we store in cookies to Personal or Other Information you submit while on our websites.
We also use technologies similar to cookies, such as web beacons or Flash Local Shared Objects, as described below.
2. What Cookies and Similar Technologies Do We Use?
Cookies
We may use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies enable us to track and target the interest of our users to enhance the experience on our websites. We use various types of cookies:
Essential cookies, persistent and session type, store information to enable core website functionality, such as Live Chat and Client ID remembrance.
Functional cookies are cookies that are used to track your preferences, such as your preferred language or display settings, and customize the website to you. Some of these cookies may be essential cookies.
Analytics cookies allow us to count page visits and traffic sources so we can measure and improve the performance of our websites and our marketing campaigns.
Advertising cookies may be set through our website by our advertising partners. Data may be collected by these companies that enable them to serve up advertisements on other websites that are relevant to your interests.
Web Beacons/pixel tags
Web beacons, also known as pixel tags, are tiny graphic objects that are embedded in a web page or email and are usually invisible to the user but allow checking that a user has viewed the page or email. We (or third party data or ad networks we work with) may use web beacons alone or in conjunction with cookies to compile information about our services, or other information we or they have collected. Web beacons may be used within our services to track email open rates, web page visits or form submissions. In some cases, we tie the information gathered by web beacons to our subscribers' and end users' personal information. For example, we use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. Web Beacons are also deployed by third parties, in connection with cookies, to serve interest-based (and other) advertising, as described in the below section titled "Advertising Networks".
Analytics Software
We and our third party tracking-utility partners use log files on our services to gather certain information automatically and store it for analytical purposes. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use third party partners such as Google Analytics, which uses cookies and other, similar technologies to collect and analyze information about use of our services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google's practices by going to www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. Please see Section 24 of the Privacy Policy for a list of additional third party tracking partners integrated within the Nails Now Services.
We also use this information to track and aggregate other information to analyze trends, administer our websites, track users' movements around our services and to gather demographic information about our user base in the aggregate.
Advertising Networks
We partner with third party data or ad network(s) and other service providers to show you relevant ads (whether for our products or those of other companies), including ads displayed on our services and on other companies' websites or apps, on any of your devices.
We and our service providers may use cookies and web beacons to deploy and read cookie identifiers and Mobile Ad IDs, associated with your activities on our services, third party websites, mobile apps or other information we collect, to provide you targeted advertising based upon your interests. They may also use these technologies, along with activity information they collect, to recognize you across the devices you use, such as a mobile device and a laptop or other computer. These ad networks and their customers may also use any of this information to measure ad performance, understand their (or our) audience, or otherwise improve and enhance their marketing.
Similarly, we or a third party data partner may associate cookies with hashed (non-human readable) versions of your registration data (e.g., your email address), along with other interest-based or demographic data. You can learn more about or opt out of this type of advertising through the links in the following paragraph.
Mobile Opt Out: You can opt out of having your Mobile Ad IDs used for interest-based mobile advertising by accessing the settings on your Apple or Android mobile device, as follows:
Apple Devices: If you have an Apple device, you can opt out of most cross-app advertising by toggling Limit Ad Tracking to 'ON'. This can currently be found under Settings > Privacy > Advertising.
Android Devices: If you have an Android device, you can opt out of most cross-app advertising by clicking on Google Settings > Ads, and selecting the option to opt-out of interest-based ads.
Please note that these platforms control how these settings work, so the above instructions may change. Likewise, if your device uses other platforms not described above, please check the settings for those devices.
3. How Do I Manage Similar Technologies?
We will use cookies and similar technologies where you have opted-in and applicable law requires opt-in.
In addition to the options provided above, you can refuse or accept cookies from our websites at any time by activating the settings on your browser. Information about the procedure to follow in order to enable or disable cookies can be found on your Internet browser provider's website via your help screen. Please refer to https://www.allaboutcookies.org/manage-cookies/index.html for information on commonly used browsers.
If you want to clear all cookies left behind by the websites you have visited, here are links where you can download three programs that clean out tracking cookies:
We may change this Cookie Policy from time to time. Please take a look at the "LAST UPDATED" legend at the top of this page to see when this Cookie Policy was last updated. Any changes in this Cookie Policy will become effective when we make the revised Cookie Policy available on or through our websites.
Contact Us.
If you have any questions, please contact us by email at operations@NailsNow.com, or write to us at the following address:
ATTN: Nails Now Legal – Cookies Policy Issues
NAILS NOW, Inc.
61 Wayside Place, Montclair NJ 07042.