Near Me, Inc. (“Near Me,” “us,” or “we”) is committed to protecting your privacy. This privacy policy describes how we collect and use the personal information you provide to us, and the choices available to you regarding the use of your personally identifiable information (that is, information that can be used to identify a person, hereinafter referred to as “PII”) and how you are able to access and update this information.

Near Me provides a web-based service for creating peer-to-peer marketplaces (the “Services”). The Services are made available to Clients who have Near Me marketplace accounts (“Clients”), and their Users who have Near Me user accounts (“Users”) via the web site located at https://near-me.com (the “Site”) and other domain names that resolve to the same IP address as near-me.com (“Client’s Sites”). Clients and Users will hereinafter be referred to as customers (“Customers”).

Near Me Clients use the Services to facilitate marketplace transactions between Users The Services allow Clients to configure their marketplace by saving information to the database and uploading file assets to the Site. The Services allow Users to configure their account and associated objects by saving information to the database and uploading file assets to the Site. Collectively, information saved to the database and file assets uploaded to the Site shall be referred to as content (“Content”). Users can use the Services to undertake financial transactions with each other, communicate with each other, and share Content in a variety of ways, including via email and in-app messaging.

Customers retain all rights to Content they upload to the Near Me Service. Near Me will not access or modify Content except as necessary to provide the Services, prevent or resolve service or technical problems, or at Customer’s request in connection with support matters. Near Me will not disclose Customer Content except as described in this privacy policy or the agreement governing Customer’s use of our Services, or for purposes of allowing Customer to share Content with Viewers via the Services.

Third Party Websites

The Site and Services (including Content viewed thereon) may contain links to other web sites. We are not responsible for the information practices or the content of such other web sites. Please note that in the event that you submit PII to any of those sites, your information is governed by their privacy policies. We encourage you to review the privacy policies of other web sites to understand their information practices.

Information You Provide to Near Me and How We Use It

Clients: If you are a Client, Near Me may require that you provide information (including PII) to allow us to deliver the Services, to manage and administer your account, and for billing purposes. To those ends, we may require Clients to submit information such as their name, company, email address, phone number, credit card number, billing address, and financial qualification information.

Clients also provide other information to Near Me through their use of the Services. For example, the Services allow Clients to input names, email addresses, phone numbers. Near Me does not use or access such information except with Client’s permission, in order to provide the Services, and to provide related support and assistance. Near Me does not sell this information. Near Me will not allow other Near Me Clients to access this information. Clients are solely responsible for all Content and other information they input into the Services.

Users: If you are a User, a Client may request that you provide them with information (including PII) via the Services in order to participate in their marketplace. Near Me stores this information on behalf of our Clients. In the event you provide a Client with this information, you do so in accordance with that Client’s privacy practices and policies. Near Me is not responsible for the privacy practices of its Clients, and does not access this information except with a Client’s permission, in order to provide the Services and related support and assistance. If you are a customer of one of Near Me’s Clients and would no longer like to be contacted by them, please contact the Client that you interact with directly.

Visitors: If you visit our Site and are not a Client or User (a “Visitor”), and you request more information about Near Me via web form, email, or similar means available on our Site, we may ask you to provide us with your name, company, job title, company email address, and information about your company. We may use this information to contact you later regarding use of our Services and/or becoming a Client.

Information We Automatically Collect and How We Use It

From Clients: If you are a Client, we may automatically collect information about your account and your interaction with and use of the Services. We collect this information in order to deliver the Services and update and improve the Services.

From Users: If you are a User who views Content on a Client’s marketplace via the Services, we may automatically collect information about your interaction with such Content and our Services. We collect this information in order to deliver the Services and to update and improve the Services.

This information will be made available to Clients, and may be associated by Clients with other information about you (including PII) that Clients have provided us or that you have provided to Clients via the Services. Near Me does not use or access User PII collected by its Clients through their use of Services except with a Client’s permission, in order to provide the Services, and to provide related support and assistance. Near Me does not sell this information. Near Me will not allow other Near Me Clients to access this information.

From Visitors: If you are a Visitor to our Site, we may automatically collect anonymous information relating to your navigation on the Site (including IP Address, referral URL, browser type and operating system). We collect this information to help us improve our Site.

Type of information collected: The information collected includes browsing activity, IP Address, referral URL, browser type and operating system.

Navigational Information

Cookies: Cookies are text files containing small amounts of information which are downloaded to your computing device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user’s computing device.

When you access Near Me’s Site or use our Services to access Content that has been sent to you we may place cookies on your computer or other computing device. We encode our cookies so that only we can interpret them and the information stored within. We use both session ID cookies and persistent cookies. A session ID cookie is used to maintain sign in status and allows Near Me to uniquely identify your browser while you are logged in. A session ID cookie expires when you close your browser or turn off your computer. A persistent cookie remains on your hard drive after you close your web browser or turn off your computer.

Near Me utilizes various categories of cookies, which are summarized below along with the options available to you to manage them.

  • Essential: Essential cookies are those that are critical to the functionality of the Near Me Site and our Services. We use encrypted cookies to authenticate a Near Me users’ session following a successful login. These cookies allow the Near Me user access to restricted areas of the Near Me Site. Near Me also uses these cookies to store a Near Me users’ email address and to remember relevant information when the user returns to the use the Near Me Services.
  • Functional: Near Me uses functional cookies to track Near Me users’ activities in the Near Me Services, to understand their viewing activity and to improve their user experience.

You may remove persistent cookies by following directions provided in your Internet browser’s “help” directory. Additionally, you may decline our cookies if your browser permits it, but doing so will interfere with your use of our Site and Services, and will impact the performance, operation and delivery of Services to you.

The use of cookies by Near Me’s partners, affiliates, tracking utility company, service providers is not covered by Near Me’s privacy policy. We do not have access or control over these cookies. Near Me’s partners, affiliates, tracking utility company, service providers use session ID cookies to make it easier for you to navigate our site.

With Whom Will We Share Your Information?

Our primary goal in collecting any information from you, including PII, is to provide you with the best Service we can. We believe we offer a unique Service which greatly improves the ability of our customers to engage in peer to peer communications and utilize the marketplace solutions. Near Me does not share, sell, rent, or trade PII with third parties for their promotional purposes.

Near Me may share information collected from you with third party service providers that perform work on Near Me’s behalf or which Near Me utilizes to deliver, monitor, or improve the Site and Services. Near Me may, at your request and on your behalf, share your information with your own third party service providers (for example, information about your use of the Site and Services may be shared via API with a CRM system such as Salesforce). Any transfers to third parties are covered by the provisions of this Policy pertaining to notice and choice as well as the Terms and Conditions with our Customers. The third parties are authorized to use your PII only as necessary to provide services to Near Me.

We may also share your information in connection with the following:

  • Legal Compliance: Near Me reserves the right to use or disclose any information provided by Visitors, Customers or Viewers if required by law, to investigate fraud, or if Near Me reasonably believes that use or disclosure is necessary to protect your safety or the safety of others, Near Me’s rights and/or to comply with a judicial proceeding, court order, subpoena or other legal process, or to any third party with your prior consent to do so.
  • As Part of an Asset Transfer: In the event Near Me goes through a business transaction such as a merger, an acquisition by another company, or a sale of all or a portion of its assets to which this privacy policy relates, your information will likely be among the assets transferred and you will be notified via email and/or a prominent notice on our Web site of such change in ownership or a change in the use of your PII, as well as any choices you may have regarding your PII. You acknowledge that such transfers may occur.
  • Cross-Border Transfer: Your information may be transferred to and maintained on computers located outside of your state, province, or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction. If you are located outside of the United States and choose to provide PII to us, we may transfer the information to the United States and processes it there.

Security

Near Me protects your information online by using industry standard encryption methods to prevent unauthorized access to Content, data, and Customer account information stored on our servers.

When you enter sensitive information (such as a credit card number) on a Client Site, we encrypt that information using Transport Layer Security (TLS). To learn more about TLS, please click here.

We store all PII in secure databases protected via a variety of industry-standard access controls. Firewalls, disk-based encryption, secure passwords, and other measures are in place that helps us to protect your data.

Near Me’s service providers also maintain strict physical security at properties and facilities and only provide access to authorized personnel.

Access to the information you provide us with is restricted to those of our employees, contractors and agents who need to know that information in order to operate, develop or improve our Site or Services.

While we follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

If you have any questions about security on our Site or Services, you can email us at michelle@near-me.com.

Children

The Services and Site are not intended for use by children under the age of 18, and we do not intentionally collect any information from users under the age of 18. If a parent or guardian becomes aware that his or her child has provided Near Me with PII, he or she should contact us at michelle@near-me.com. If you believe that we have mistakenly or unintentionally collected such information through our Site, please notify us at michelle@near-me.com so that we may immediately delete the information from our servers.

Testimonials

Near Me displays endorsements, as well as personal testimonials of satisfied Customers on our site. With your consent Near Me may post your testimonial along with your name. If you wish to update or delete your testimonial, you may contact us atmichelle@near-me.com.

How Can You Review or Request Changes to Your Information?

Customers may update, delete, access, or change their account. To update a Customer profile, log in to your Near Me account via the Site from which you created your account, and click on the top dropdown navigation element displaying your first name and then ‘Account’, or by emailing us at michelle@near-me.com. You will then be able to change your name, address and phone number, which notification emails you receive from us and your password. We will respond to any requests for access to personal information within 30 days of receipt of such requests.

To update Client billing information, contact your account manager or email michelle@near-me.com for assistance.

Near Me has no direct relationship with the individuals whose PII it processes on behalf of its Clients. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to the data controller (i.e. Near Me’s Client). If the Client requests Near Me remove the data, Near Me will respond to their request within 30 business days of its receipt of such request.

Near Me will retain PII we process on behalf of our Customers for as long as such Customer’s account is active or as needed to provide Services, or as stated in the governing agreement between Near Me and Customer. Near Me will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you are a User, you may opt-out of receiving emails you receive from specific Clients by clicking on the “Unsubscribe” link at the bottom of the email you received, or you may email us at michelle@near-me.com.

If you have signed up to receive marketing emails from Near Me, you can opt-out of receiving future marketing emails by following the foregoing process. Customers cannot opt-out of receiving all transactional emails related to their Near Me account, but may change their account settings (as described above) to reduce the frequency or eliminate certain Near Me notification emails.

Changes to this Privacy Policy

Near Me reserves the right to modify this privacy policy at any time in our sole discretion. If we decide to make any material changes, we will notify you of changes by email or by posting a notice to our home page on the Site and other places we deem appropriate prior to the change becoming effective so that you are aware of the information we collect, how we use it, and under what circumstances, if any, we disclose it. Please review our privacy policy frequently. Your continued use of our Services and Site following any changes to this privacy policy constitute your acceptance of such changes, and any amended privacy policy will apply to information previously collected.

Contacting Us about this Privacy Policy

In the event you have any questions about this privacy policy or Near Me’s information practices please contact us by clickinghere or by mailing us at Near Me, Inc., 185 Clara Street, #100, San Francisco, California, 94107, U.S.A.

Effective Date of this Privacy Policy: April 6, 2014