Privacy Policy

Introduction

Welcome to Nectar Social! Your privacy is important to us. This Privacy Policy explains how we collect, use, and protect your personal information when you use our services. By using Nectar Social, you agree to the terms of this policy.

Nectar Social empowers brands to drive engagement and generate revenue on social platforms with AI-driven customer experience, influencer management, and lead generation. This Privacy Policy ("Policy" accessed at https://www.nectarsocial.com/privacy) describes how Nectar Social ("Nectar Social", "we," "us," "our") collect, use and otherwise process the personal information we collect about our customers, users, and visitors ("User", "you", or "your") of our websites, software, apps and other services (collectively, our "Services").

It is important that you carefully read and understand the terms and conditions of this Policy. By accessing our Services, you are providing your consent to our collection, use and disclosure of information about you as described in this Policy. If you do not agree to these terms and conditions of the Policy, you are not authorized to use the Services or communicate with us via the Services.

Who We Are

Nectar Social is a provider of software for social media management, influencer marketing, analytics, and customer engagement headquartered in the U.S. Our platform helps brands connect with their audiences across various social media channels while providing powerful insights and automation tools.

Information We Collect

Information You Provide Directly to Us

The type of information that we collect directly from you varies based on your interaction with our Site and our Services:

• Contact and Profile Information, such as your name, email address, phone number, when you subscribe to our newsletters, request a demo, register for a webinar, or seek to download content. We also collect additional information, such as your profile image, contact information, language or other profile details when you set up an account.
• Relationship Management Information, such as details about payment and billing, including direct debit details, billing contacts, and payment cadence.
• Employment Information, such as the company you work for, your role at that company, company industry information, company contact information and business address.
• Commercial Records, such as records of products being considered or purchased and information obtained through the sales process.
• Geographic Location Data so that we can tailor our communications, language, obligations and services to your region.
• Communication Preferences regarding marketing content, areas of interest, records of consent, or other correspondence.
• Communication Data, which may include records of calls or any other communications used for training, monitoring and improvement purposes.

Information We Collect Automatically

When you visit our Site or use our Services, we may collect certain information automatically from your device, including:

• Usage Information, such as how you interact with our services, what pages you visit, what pages directed you to our Website, the date and time of your visit, which features and tools you access, access times, and what actions you took.
• Device Information such as your hardware and software, operating system, unique identifiers, including unique device identifiers, and IP addresses.
• Location Information.
• Information collected via Cookies and Similar Technologies.

Information We Receive from Third Parties

Nectar Social may also receive Personal Information about you from other individuals, organizations, users, websites or online sources, affiliates, or third parties. This includes, but is not limited to:

• Social Media Networks and accounts that are authenticated and connected to Nectar Social by our Customers, who may enable us to provide you with posts, followers, engagement metrics, and messages from social media interactions on third party social media properties, such as your social media handle, username, profile, postings, and messages you exchange with our customers;
• Third Party Applications that are integrated into Nectar Social by Customers who may provide us with account and usage information from the third party application or information we need to verify you, your identity, or location for legal or regulatory or other reasons such as fraud prevention ;
• Authorized Resellers, partners, or third party service providers who may provide us with contact or commercial information, or who support us with advertising functions ;
• Public Sources, including public forums, information made publicly available on social media networks or other websites, or government entities that maintain public records, from which we may get any information that is made publicly available (Please remember that any Personal Information you choose to make publicly visible can be seen by anyone).

When you interact with our content through social media or grant us permission to access information from social networks, we may receive additional information that you have authorized the social network to share with us . Please note that the social network may independently collect information about you through the integration.

The information collected from these third-party sources is subject to the privacy policies and terms of those sources. We encourage you to review the privacy policies of any third-party services you access.

Information from Other Sources

We also collect information from other sources, including:

• Data brokers or resellers from which we purchase data to verify and supplement the data we collect
• Social networks when you engage with our content, reference our Site or Services, or grant us permission to access information from the social networks
• Partners that offer co-branded services, sell or distribute our products, or engage in joint marketing activities
• Customers that provide us with information which we process as a service provider
• Creators who use the Service and provide us information through the Service

Purposes of Use and Processing

While the purposes for which we may process personal information will vary depending upon the circumstances, in general, we use personal information for the business and commercial purposes set forth below:

• Provide and Improve Our Services: We create and maintain your accounts, fulfill your requests for resources and support, and operate our Products and Websites efficiently.
• Communicate with You: Whether it is responding to your inquiries, sending you information about our Products or events, or providing updates and support, we are here to keep you informed and connected. This includes marketing content if you have opted to receive it.
• Manage Customer Relationships: We ensure your account is serviced, your commercial contracts are managed, and billing is facilitated smoothly.
• Ensure Safety and Security: We monitor for suspicious activity, fraud, and legal compliance, fix bugs, and maintain the overall integrity and security of our Products and Websites.
• Business Purposes: We analyze usage trends and performance to improve our offerings, personalize your experience, market our Products, conduct internal research, ensure quality, and keep our business records up to date.
• Legal Compliance: We meet our legal obligations, enforce our Terms of Use and other policies, and manage any corporate transactions such as mergers or acquisitions.
• Legitimate Business Interests: We balance our business needs with your interests, processing your information with care and, where necessary, with your consent.

Legal Bases for Processing Your Data

Pursuant to the EU General Data Protection Regulation (GDPR), the UK Data Protection Act 2018, the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), Colorado Privacy Act (CPA), the Delaware Personal Data Privacy Act (DPDPA), the Iowa Consumer Data Protection Act (ICDPA), the Montana Consumer Data Privacy Act (MTCDPA), the Nebraska Data Privacy Act (NDPA), the New Hampshire Data Privacy Act (NHDPA), the New Jersey Data Privacy Act (NJDPA), the Oregon Consumer Privacy Act (OCPA), the Tennessee Information Protection Act (TIPA), the Texas Data Privacy and Security Act (TDPSA), the Utah Consumer Privacy Act (UCPA), the Virginia Consumer Data Protection Act (VCDPA)), the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), and other privacy laws and regulations, in general, we process your personal information for the following legal bases:

• Performance of our contract with you.
• To comply with a legal obligation to which Nectar Social is subject.
• For our legitimate business interests.
• With your consent.

How We Share Your Information

We share your information in accordance with the practices described in this Privacy Policy. We may share your information with:

• Affiliates: We may share your Personal Information with Nectar Social affiliates so that they can help provide our Services, service your account, or troubleshoot concerns or support legitimate business operations.
• Authorized Service Providers: We share your Personal Information with authorized third party vendors and service providers which support the delivery of our Websites and Services, enable our marketing activities, support our business operations, as well as professional advisors or auditors.
• Social Networks and Integrated Applications: We share Personal Information with social networks and integrated applications that you have chosen to authenticate and connect with Nectar Social.
• Legal Purposes: We may disclose Personal Information in response to legal demands such as subpoenas, court orders, law enforcement requests, legal claims or government inquiries, to detect fraud, or to protect the rights, interests, safety, and security of Nectar Social, our users, or the public.
• Business Transfers: We may share your Personal Information with third parties in connection with corporate transactions, such as sales, mergers, or consolidations.
• With Your Consent and Instruction: We will also share your Personal Information where you have consented to such sharing, or as otherwise authorized.

We contractually prohibit our service providers from retaining, using, or disclosing information about you for any purpose other than performing the services for us, although we may permit them to use information that does not identify you for their own business purposes.

Cookies and Similar Technologies

Nectar Social, and third parties we interact with, use cookies, web beacons, local shared objects (sometimes called flash cookies), and similar technology in connection with your use of our Services and third-party websites (collectively referred to in this policy as "Cookies"). Cookies are small data files that may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our Service.

When we use Cookies, we do so to further Services features and processes, facilitate relevant advertising, and help learn more about how users engage with our Service. Cookies may be persistent or stored only during an individual session.

We use Cookies to:

• Transmit information about you and your use of our Service
• Allow us to help you navigate the Service, track your preferences, conduct product research, improve the Service, troubleshoot issues, and monitor performance
• Display relevant advertising
• Help understand your preferences and usage of our Services

You can manage your Cookie preferences through your browser settings or by clicking on the "Cookie Preferences" link in the footer of our website. When you manage your cookie preferences, this may impact your experience using our Services as certain features may not function properly without cookies.

Children's Privacy

Nectar Social is dedicated to protecting children's privacy online and ensuring compliance with COPPA and all relevant laws. Our Services are intended for a general audience and not directed at children under eighteen (18). If we find that we have inadvertently collected personal information from a child under eighteen, we will promptly delete it or inform the relevant customer.

Information Security and Accuracy

The security of your Personal Information is of paramount importance to us. Nectar Social intends to protect your personal information and to maintain its accuracy. We implement reasonable physical, administrative, and technical safeguards to help us protect your personal information from unauthorized access, use and disclosure. For example, we encrypt certain sensitive personal information such as credit card information when we transmit such information over the Internet. We also require that our suppliers protect such information from unauthorized access, use and disclosure.

We will also take reasonable precautions to ensure that our staff and employees who have access to Personal Information have received adequate training and are subject to confidentiality obligations. All employees who are permitted to handle Personal Information are subject to statutory or contractual confidentiality obligations and may only get access to Personal Information in accordance with Nectar Social's access control policies.

Data Retention

We retain information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).

When we have no ongoing legitimate business need to process your information, we will either delete or anonymize it in accordance with our data retention policy, or, in the limited circumstances where this is not possible (for example, because your information has been stored in backup archives), then we will securely store your information and isolate it from any further processing until deletion is possible.

If you wish to cancel your account or request that we no longer use your personal information to provide the Services to you, please contact us as set forth below, in the Contact Details section. However, if you withdraw consent or otherwise object to our collection, use and disclosure of your personal information, you may not be able to use the Services. Further, to the extent permitted by applicable law, we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements.

European Union, UK, and similar jurisdictions

Subject to the conditions set out in the applicable law, Users in in the European Union/European Economic Area, and the United Kingdom (as well as in other jurisdictions where similar rights apply) have the following rights regards our processing of their personal information:

• Right of access: If you ask us, we will confirm whether we are processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details).
• Right to correction (rectification): If the personal information we hold about you is inaccurate or incomplete, you are entitled to request to have it corrected. If you are entitled to have information corrected and if we have shared your personal information with others, we will let them know about the rectification where possible.
• Right to erasure: You can ask us to delete your personal information in some circumstances, such as where we no longer need it or if you withdraw your consent (where applicable). If you request that we delete your personal information, we may do so by deleting your account(s) with us.
• Right to restrict (block) processing: You can ask us to restrict the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information, or you object to our use or stated legal basis.
• Right to data portability: You have the right, in certain circumstances, to receive a copy of personal information we have obtained from you in a structured, commonly used, and machine-readable format, and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
• Right to object: Where our processing is based on our legitimate interests, we must stop such processing unless we have compelling legitimate grounds that override your interest or where we need to process it for the establishment, exercise, or defense of legal claims. Where we are relying on our legitimate interests, we believe that we have a compelling interest in such processing, but we will individually review each request and related circumstances.
• Right to object to marketing: You can ask us to stop processing your personal information to the extent we do so based on our legitimate interests for marketing purposes. If you do so, we will stop such processing for our marketing purposes.
• Right not to be subject to automated decision-making: You have the right not to be subject to a decision when it is based on automatic processing if it produces a legal effect or similarly significantly affects you unless it is necessary for entering into or performing a contract between us. Nectar Social does not engage in automated decision-making.
• Right to withdraw your consent: In the event your personal information is processed based on your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
• Right to lodge a complaint: You also have the right to lodge a complaint with a supervisory authority if you consider that our processing of your personal information infringes the law.

Please note that some of these rights may be limited, such as where we have an overriding interest or legal obligation to continue to process the data. Please contact us using the information set out in the Contact Details section, if you wish to exercise any of your rights or if you have any enquiries or complaints regarding the processing of your personal information by us.

International Transfers of Personal Information

Your information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country.

Specifically, our servers are located in the United States, and our group companies and third party service providers and partners operate around the world. This means that when we collect your information we may process it in any of these countries.

However, we have taken appropriate safeguards to ensure that your information will remain protected in accordance with this Privacy Policy and applicable legal requirements. These include our use of European Commission-approved Standard Contractual Clauses (along with the UK Addendum, where appropriate) and, as applicable, our commitment (and commitments made by third party transferees) to honor the principles set forth in the applicable data privacy frameworks, to the extent each such framework is accepted as a lawful mechanism under which personal data can transfer in compliance with applicable laws.

The data protection laws of the countries to which we send Personal Information may vary from those in your country of residence. When we transfer Personal Information outside of your country of residence, where required by law, we carry out transfer impact assessments and ensure that there is an adequate transfer mechanism in place, such as standard contractual clauses. We also make sure that recipients of your Personal Information, especially third-party recipients, have an adequate transfer mechanism in place as well. This is to ensure an equivalent level of protection of your Personal is provided in those countries.

AI Use and Data Handling

We use artificial intelligence (AI) to enhance our services and user experience, collecting data during AI interactions to improve our models. We ensure transparency by notifying users when AI is in use. Users have control over their personal data, including access, management, and deletion options. We comply with all applicable data protection regulations, such as GDPR and CCPA, and ensure our AI systems adhere to standards, including the EU Artificial Intelligence Act, with measures like transparency, human oversight, risk assessments, data protection, and accountability.

Enforceability

If any provision of this Policy is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement

This Policy, along with the Terms of Use, constitute the entire terms with respect to the relationship between Nectar Social and you and supersedes all prior agreements, whether written or oral, concerning such relationship. This Policy may not be changed, waived, or modified except by Nectar Social as provided herein or otherwise by written instrument signed by Nectar Social.

Updates to this Privacy Policy

We may update this Policy from time to time in response to changing legal, technical or business developments. When we update our Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws.

You can see when this Privacy Policy was last updated by checking the "last updated" date displayed at the top of this Privacy Policy.

California Residents

This section applies only to California consumers and describes how we collect, use, and share California consumers' Personal Information in our role as a business, and the rights applicable to such residents. If you are unable to access this Privacy Policy due to a disability or any physical or mental impairment, please contact us and we will arrange to supply you with the information you need in an alternative format that you can access.

California residents have the following rights:

• The right of access means that you have the right to request that we disclose what Personal Information we have collected, used and disclosed about you in the past 12 months.
• The right of deletion means that you have the right to request that we delete Personal Information collected or maintained by us, subject to certain exceptions.
• The right to non-discrimination means that you will not receive any discriminatory treatment when you exercise one of your privacy rights.

As a California Resident, you can exercise your rights yourself or you can alternatively designate an authorized agent to exercise these rights on your behalf. Please note that to protect your Personal Information, we will verify your identity by a method appropriate to the type of request you are making. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent's identity to protect your Personal Information.

European Union, UK, and similar jurisdictions

Subject to the conditions set out in the applicable law, Users in in the European Union/European Economic Area, and the United Kingdom (as well as in other jurisdictions where similar rights apply) have the following rights regards our processing of their personal information:

• Right of access: If you ask us, we will confirm whether we are processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details).
• Right to correction (rectification): If the personal information we hold about you is inaccurate or incomplete, you are entitled to request to have it corrected. If you are entitled to have information corrected and if we have shared your personal information with others, we will let them know about the rectification where possible.
• Right to erasure: You can ask us to delete your personal information in some circumstances, such as where we no longer need it or if you withdraw your consent (where applicable). If you request that we delete your personal information, we may do so by deleting your account(s) with us.
• Right to restrict (block) processing: You can ask us to restrict the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information, or you object to our use or stated legal basis.
• Right to data portability: You have the right, in certain circumstances, to receive a copy of personal information we have obtained from you in a structured, commonly used, and machine-readable format, and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
• Right to object: Where our processing is based on our legitimate interests, we must stop such processing unless we have compelling legitimate grounds that override your interest or where we need to process it for the establishment, exercise, or defense of legal claims. Where we are relying on our legitimate interests, we believe that we have a compelling interest in such processing, but we will individually review each request and related circumstances.
• Right to object to marketing: You can ask us to stop processing your personal information to the extent we do so based on our legitimate interests for marketing purposes. If you do so, we will stop such processing for our marketing purposes.
• Right not to be subject to automated decision-making: You have the right not to be subject to a decision when it is based on automatic processing if it produces a legal effect or similarly significantly affects you unless it is necessary for entering into or performing a contract between us. Nectar Social does not engage in automated decision-making.
• Right to withdraw your consent: In the event your personal information is processed based on your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
• Right to lodge a complaint: You also have the right to lodge a complaint with a supervisory authority if you consider that our processing of your personal information infringes the law.

Contact Details

If you have any questions, complaints or comments regarding our Policy or practices, please submit a request by emailing privacy@nectarsocial.com or by postal mail at Nectar Social, 516 172nd Pl NE, Bellevue WA, 98008: Attn: Legal.

Governing Law & Venue

This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Washington. Bellevue County in the state of Washington shall be the exclusive forum for any mediation, arbitration, litigation, or dispute resolution.

Right to Change Terms

We reserve the right at any time, with or without cause, to (a) change the terms and conditions of this Policy; (b) change our Services, including eliminating or discontinuing any feature of our Service; or (c) deny or terminate your use of and/or access to our Service. Any changes we make will be effective immediately upon our making such changes available to our Service, with or without additional notice to you. You agree that your continued use of our Services after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all the terms and conditions of our Privacy Policy and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of this