(Dated April 2021)
Welcome to Nomadic, a website and online service owned and operated by Nomadic Learning Limited (referred to as "Nomadic" "we," or "us"). Our Privacy Policy explains how we collect, use, disclose, and protect information that applies to our Service, and your choices about the collection and use of your information. This Privacy Policy is part of and incorporated into our Terms of Use, and any capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Use.
We may ask for certain information such as your first and last name, address, e-mail address, birthdate, phone number, username, title, time zone, and other contact information when you register for a Member Account, or if you correspond with us. We may also retain any messages you send through the Service and may collect information you provide in User Content you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service. Please be aware that contact information may be available to other Members in any Member Group or Enterprise Edition.
We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by "following," "liking," adding the Nomadic application, linking your account to the Nomadic Service, etc., that third party may pass certain information about your use of its service to Nomadic. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Nomadic Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service. If you unlink your third party account, we will no longer receive information collected about you in connection with that service.
We may directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
When you visit the Service, we may send one or more cookies --- a small text file containing a string of alphanumeric characters --- to your computer that uniquely identifies your browser and lets Nomadic help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us or our business partners to track your usage of the Service over time. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled. See our Cookie Policy for more information.
Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.
When you use the Service, we may employ clear GIFs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Service.
We use the information we collect or receive to communicate directly with you. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related e-mails.
We use or may use cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems; (f) help you efficiently access your information after you sign in; (g) to provide advertising to your browser or device, and (h) automatically update the Nomadic application on your devices.
We will not rent or sell your information to third parties outside Nomadic and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted in this Section 2:
We may share your information with third-party business partners for the purpose of providing the Service to you. Those business partners will be given limited access to your information as is reasonably necessary to deliver the Service, and we will require that such third parties comply with this Privacy Policy.
Any information or content that you voluntarily disclose to the Service, such as User Content, becomes available to other Members who may then use, share or publicize it. Therefore, you should at all times assume that User Content that is Posted to the Service is accessible, searchable and may be used and further distributed by other Members and potentially the public. If you remove information that you Post to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or recipients have copied, used, shared or saved that information.
We may buy or sell/divest/transfer Nomadic (including any shares in Nomadic), or any combination of its products, services, assets and/or businesses. Your information such as names and email addresses, User Content and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the Nomadic.
Nomadic will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce the Agreement or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Nomadic, our Users or others.
We may share certain service type information, including information obtained through tools such as cookies, log files, device identifiers, location data and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with our third-party business partners for the purposes described in the section above on "Information We Collect and Its Use." We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.
Your information collected through the Service may be stored and processed in the United States or any other country in which Nomadic or its subsidiaries, affiliates or service providers maintain facilities. Nomadic may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions, laws governing data collection and use that may differ from U.S. law. Please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Nomadic or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
Regardless of your place of residence, your use of the Service is governed by the law of the State of Delaware, USA. Nomadic makes no representations that the Service and any Nomadic mobile applications are appropriate for use in other locations or are legal in all jurisdictions. Those who access or use the Service and any Nomadic mobile applications from other locations do so at their own risk and are responsible for compliance with local law. You consent to the transfer and processing of your data in the United States of America.
Nomadic cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your Member Account. You are 100% responsible for maintaining the secrecy of your unique password and Member Account information, and for controlling access to your Member Account information, including all communications and Posting activities by anyone in the Member Group with the Service, at all times. Nomadic cannot ensure or warrant the security of any information you transmit to Nomadic or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the Nomadic Service, such as social networks. Nomadic is not responsible for the functionality or security measures of any third party whatsoever and your use of or accessing or linking to any non-Nomadic site, link or service is entirely at your own risk.
In the event that any information under our control is compromised as a result of a breach of security, Nomadic will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
You may update your account information and email-communication preferences at any time by logging in to your Member Account and changing your profile settings. You can also stop receiving promotional email communications from us by clicking on the "unsubscribe link" provided in such communications. We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at help@nomadic.fm.
Please refer to your mobile device or browser's technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents Nomadic or its business partners from tracking your browser's activities in relation to the Service. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at help\@nomadic.fm.
Following termination or deactivation of your Member Account, Nomadic may retain your profile information and User Content for as long as necessary to fulfill the purpose we collected it for and for the purpose of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information we process, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, accounting, or reporting requirements. In some circumstances we may choose to aggregate and de-identify your information in such a way that you may not reasonably be re-identified by us or any other company in which case we may use this information indefinitely without further notice to you.
Nomadic does not knowingly collect or solicit personal information from children and individuals under the age of 18 and the Service and its content are not directed at children or individuals under the age of 18. In the event that we learn that we have collected personal information from a child or any individual under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child or individual under 18, please contact us at help@nomadic.fm.
We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on or with any third-party website or service, including those that have a link or advertisement on our Service or website, are subject to that third party's own rules and policies. If you are using a third-party website or service (like Facebook) and you allow such a third-party access to your Service or any User Content you do so at your own risk. In addition, you agree that we are not responsible for and we do not exercise control over any third-parties or other Members who access or use your User Content. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.
We collect and share the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below. Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your information.
| 1. Identifiers and Personal Records (e.g., email address, name, address, IP address, credit card number) |
Directly from you; your devices; Vendors | Performing Services; Processing and managing interactions and transactions; Quality Assurance; security; debugging; marketing |
Vendors which assist us in providing services and running our internal business operations (“Vendors”); Data Analytics Partners; Corporate affiliates | Performing Services on our behalf; managing interactions and transactions; Quality assurance; security; debugging |
| 2. Customer Acct. Details/Commercial Information (e.g., details of your use of our service) |
You; your devices; Vendors | Performing Services; Research and development; quality assurance; security; debugging; and marketing |
Data Analytics Partners; Vendors; Corporate affiliates | Performing Services on our behalf; research and development; quality assurance; security; and debugging |
| 3. Internet Usage Information (e.g., information regarding your interaction with our services) | You; your devices; Data Analytics Partners; Vendors | Performing Services; Research and development; quality assurance; security; debugging; and marketing |
Data Analytics Partners; Advertising Networks; Vendors; Corporate affiliates | Performing Services on our behalf; research and development; quality assurance; security; and debugging |
| 4. Inferences (e.g., your preferences, likelihood of interest in certain of our services) | Data Analytics Partners; Vendors; Advertising Networks | Research and development; quality assurance; and marketing | Data Analytics Partners; Vendors; Advertising Networks; Corporate affiliates | Performing Services on our behalf; research and development; quality assurance; marketing |
In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.
INTERNATIONAL DATA TRANSFERS
If you are receiving the Services from outside the United States, your personal data will be transferred to and stored in our servers in the U.S. By using the Services, you consent to our collection and use of your data as described in this Privacy Policy.
Further, if you are receiving the Services from the European Economic Area (the "EEA") we note that your information may be transferred to, stored, and processed in a country that is not regarded as providing the same level of protection for personal information as the laws of your home country, and may be available to the government of those countries under a lawful order made in those countries.
We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to provide adequate protections for your personal information. For further details, see European Commission: Model contracts for the transfer of personal data to third countries..
California Privacy Notice
Updated April 2021
This California Consumer Act Privacy Notice ("CCPA Notice") applies to "Personal Information" (PI) of "Consumers" as defined by the California Consumer Privacy Act ("CCPA").
We do not knowingly "sell" personal information that we collect from you, in accordance with the definition of "sell" in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a "sale" of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. We also list cookies and provide access to their privacy information and, if available, opt-out programs in our Cookie Policy Further, you can learn more about your choices regarding certain kinds of online interest-based advertising with the Digital Advertising Alliance or the Network Advertising Initiative. We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you, so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process ("Verifiable Consumer Request"). In order to verify your identity, we will send you an email to the email address that you provide to us, and you must take action as described in our email. This will enable us to verify that the person who made the request controls and has access to the email address associated with the request. We will check our systems for the email address that you provide, and any information associated with such email address. If you provide us with an email address that has not been used to interact with us, then we will not be able to verify your identity. In other words, the only reasonable method by which we may verify the identity of individuals is if we have an email address on file that was provided to us in relation to our services. We will be unable to fulfill your request if we cannot verify your identity.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer's personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your rights to know or to request deletion of your PI set forth below, please email help\@nomadic.fm, we will provide you with a description of the process we use to verify your request and any information that we will need to confirm your identity. For your specific pieces of information, as required by the CCPA, we will apply heightened verification standards, which may include a request to provide further information per the Verifiable Consumer Request process.
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:
A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining.
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
You may alternatively exercise more limited control of your PI by instead exercising one of the following more limited opt-outs, including unsubscribing from email newsletters.
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
If you have any questions about this Privacy Policy (INCLUDING If you have questions regarding the way in which your personal information is collected, processed, transferred or has been used, or if you want to opt-out of having your personal information shared with third parties or for any purpose that is materially different than the purpose you shared it with us), or the Service, please contact us at help@nomadic.fm.
Nomadic may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will let you know and update the 'last modified' date at the top of this Privacy Policy.
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to make a complaint to the data protection authority of your country of residence.